Excerpt: ...wner. Petitioners' request for judicial notice is denied. Petitioners filed their request on July 28, 2023 after Respondent filed her reply papers. The court did not authorize Petitioners to file a sur-reply. By submitting their request for judicial notice after they filed their opposition papers and after Respondent filed her reply papers, Petitioners have effectively prevented Respondent from addressing documents contained in the request for ju...

Excerpt: ...nd delivery. On September 1, 2022, Plaintiff filed proof of service of the summons and complaint on Defendant by substitute service. On October 11, 2022, the court entered Defendant's default. On November 1, 2022, Plaintiff requested entry of court judgment re: possession against a defaulted defendant. The court did not enter judgment. On February 10, 2023, the court instructed Plaintiff to file an application for writ of possession in a writs an...

Excerpt: ...ction is still pending, it appears the parties were unable to reach resolution in mediation. Defendants, KRG Holding, LLC and Cabinets Outlet, LP, move for an order requiring Plaintiff, Wenzhou Qinghan Ceramsite Light Weight Building Materials Co., Ltd., to post a bond/undertaking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrer to the first amended comp...

Excerpt: ...ppeared. Respondent, the People of the State of California, acting by and through its Department of Transportation (CalTrans), opposes the petition. As noted by Petitioner in his supplemental briefing, proper service of a petition for relief from the claim presentation requirement can be effectuated by first-class mail. (§ 946.6, subd. (d); Code Civ. Proc., § 1005.) Petitioner recognizes in his supplemental briefing both a copy of the petition ...

Excerpt: ...nied. BACKGROUND AND PROCEDURAL HISTORY As described by Petitioner, she sustained her injury during an accident that: “occurred at approximately 10:13 a.m. on June 14, 2022 at or near Venice Blvd. & S Grand Ave., Los Angeles, CA 90015. Petitioner was on a [MTA] bus, license 1610467, driven by Michael Chin. Petitioner exited the bus, then realized she forgot her bag. She shouted and hit the bus to get the bus driver's attention, so she could get...

Excerpt: ...pted to perform all DUI test[s] requested by the officer. I was unable to complete these tests due to the fact that I experienced a severe medical reaction to recently prescribed post traumatic stress disorder medication and a glass of alcohol, which caused me to pass out and hit a parked car. The injuries suffered in the accident and the medical reaction from the medication left me incoherent and semi-conscious until the next morning. . . . I am...

Excerpt: ...ioner filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) [2] The court finds Petitioner timely presented his claim to Respondent. The court therefore need not address Petitioner's request he be relieved of the claims presentation requirement. APPLICABLE LAW Government Code section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to pers...

Excerpt: ...ntends LADBS erred by denying Petitioner's application to terminate an off-street parking covenant. Respondent opposes the petition. Petitioner's unopposed request for judicial notice (RJN) of Exhibits 1 and 2 is granted. Respondent's unopposed RJN of Exhibits A through C is granted. The court takes judicial notice of the unpublished Court of Appeal decision in Berdan Holdings, LLC v. Absolute USA, Inc., Court of Appeal Case No. B313475 [Berdan v...

Excerpt: ...eiver. The motion is granted. Defendant's request that the court hear live testimony during this motion hearing is denied. Defendant has not presented any evidence she is unable to provide such evidence in the form of declarations. The court therefore finds Defendant has not provided good cause for the court to hear testimony on this matter. (Cal. Rules of Court, Rule 3.1306, subd. (a).) In addition, Defendant's request does not comply with the C...

Excerpt: ... amend as to the first cause of action. The court does not grant leave to amend the second cause of action, a derivative declaratory relief claim. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civil Proc., § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “We assume the truth of the allegations...

Excerpt: ... and 1307 W. Paseo del Mar in the San Pedro community of the City of Los Angeles (Projects). Respondent and Real Parties in Interest, Krishna Murthy, Nirmala Murthy, Raman Poola, and Vani Poola, oppose the petition. Petitioner's unopposed Request for Judicial Notice (RJN) of Exhibits 1 and 2 is granted. BACKGROUND Real Parties Raman Poola and Vani Poola own a vacant blufftop lot at 1305 W. Paseo del Mar. (AR 48.) Real Parties Krishna Murthy and N...

Excerpt: ... Realty, Inc. (Nijjar; collectively, Defendants) in the amount of $296,503.37. Defendants timely oppose the applications. (Code Civ. Proc., § 484.060, subd. (a).) Defendants' evidentiary objections: Objections 1 through 4 are overruled; the balance are sustained. RELEVANT PROCEDURAL HISTORY On December 9, 2022, Plaintiff filed a complaint against Defendants Golden Management, Pama Inc., Pama, and Nijjar, as well as several individual defendants,...

Excerpt: ...d Defendant's default on June 1, 2023. The court finds notice is proper. (See Proof of Service filed April 24, 2023.) The application is granted. Allegations in the Complaint On January 3, 2023, Plaintiff brought this action against Defendant. The complaint alleges Defendant entered into a retail installment sales contract on July 13, 2021, in the amount of $35,652.19, secured by the Vehicle. (Complaint ¶ 8.) After obtaining possession of the Ve...

Excerpt: ...a Public Records Act (CPRA), Government Code section 7920.000, et seq. Respondent expressly does not oppose the petition. The CPRA requestor, the Long Beach Post, has not filed an opposition or a motion to intervene. The Long Beach Post made its request for public records just over a year ago. BACKGROUND Petitioner, who is 74 years old, worked as a teacher for Respondent until July 2014, when he retired. (Maggio Decl., 2.) On or about May 31, 202...

Excerpt: ...oner on his petition for writ of mandate. On January 19, 2023, Petitioner filed his memorandum of costs. On January 30, 2023, Respondent filed this motion. ANALYSIS "[T]he award of costs to a prevailing applicant in a mandamus proceeding normally lies within the discretion of the court under Code of Civil Procedure section 1095." (Tripp v. Swoap (1976) 17 Cal.3d 671, 680, overruled on other grounds by Frink v. Prod (1982) 31 Cal.3d 166, 180.)[1] ...

Excerpt: ...iff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the courtin which the action is brought." (Code Civ. Proc., 484.010.) The court shall issue a right to attach order if the court finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable valid...

Excerpt: ...pplicable law. Petitioner moves to augment the administrative record. Respondent opposes the motion. The motion is denied. BRIEF STATEMENT OF THE CASE The 2014 CAO names Petitioner and five others as dischargers under Water Code section 13304 (Section 13304). (AR 8730-8755.) The 2014 CAO concerns real property at the following addresses: 641, 705, 717 and 719 East Compton Boulevard (collectively, the Site). (AR 8730—8755.) The Site is comprised...

Excerpt: ...taking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrerto the first amended complaint (FAC). Plaintiff opposes the demurrer. The demurrer is sustained as to the first cause of action brought under Corporations Code section 15903.04. As to the second cause of action for breach of contract (a non-writ claim), the demurrer is stayed pending assignment to an...

Excerpt: ...l physical and digital copies of records obtained from that drive." [1] Both Defendants filed an opposition. The application for writ of possession is DENIED. Both Defendants filed identical evidentiary objections to the City's evidence. The following objections are sustained: 1, 2 (as to "and firmly believe ... and their children" only), 3, 4, 5, 6, 7 (as to all except the first sentence), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 (authentication...

Excerpt: ...74) 11 Cal.3d 506, 514-515]." (Remand Order 15.) The court further specified "[t]he matter is remanded on an interlocutory basis for reconsideration given the court's opinion." (Remand Order 15.) For reasons not entirely clear to the court given the limited scope of the coures Remand Order, the APC conducted further proceedings concerning the Project on February 8, 2023. (SAR 247.) Those proceedings included extensive public comment and further d...

Excerpt: ...Petitioners' educational records. Finally, Petitioners ask that Respondent be ordered to make appropriate changes to its policies to insure future compliance with applicable laws. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE In May 2022, Petitioners were sophomores attending New West. Apparently as a prank, on May 20, 2022, Petitioner N.M. accessed Petitioner LJ.'s school email account and sent an inappropriate m...

Excerpt: ...al Escrow (Commission Proceeds) in Los Angeles. Defendants, EXP Commercial of California, Inc. (EXP) and Jason Tran, oppose the motion. The request for a preliminary injunction is DENIED. LEGAL STANDARD The standards governing a preliminary injunction are well known. "[A] court will deny a preliminary injunction unless there is a reasonable probability that the plaintiff will be successful on the merits, but the granting of a preliminary injuncti...

Excerpt: ...arms, LLC, through their second amended verified petition for writ of mandate and complaint (petition) seek the following relief from Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC), Cal Pure Produce Inc. (Cal Pure), The Wonderful Company LLC (TWC), Wonderful Pistachios & Almonds LLC (WP&A): "For a peremptory Writ of Mandate or other court order compelling WAC and Cal Pure to comply with Petitioners Maricopa O...

Excerpt: ... of $4,497.58. Petitioner, the County of Los Angeles, moves to tax "costs associated with the duplicative and unwarranted filing fees in the total amount of $3,915.00." (Motion The motion is denied. APPLICABLE LAW "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).) "Allowable costs shall be reasonably necessary t...

Excerpt: ...ate law. Proposed Intervenors, Community Power Collective (CPC) and Inner City Struggle (ICS) (jointly, Proposed Intervenors) move for an order granting them leave to intervene in this proceeding. They do so pursuant to Code of Civil Procedure section 387, subdivisions (d)(l) and (d)(2). Neither Petitioner nor Respondent oppose Proposed Intervenors' motion. In fact, Petitioner and Respondent previously agreed to allow intervention. The court reje...