Excerpt: ...valid under “Code of Civil Procedure § 1094.5, or alternatively § 1085 . . . .” (Pet. ¶ 5.) In his Opening Brief, Petitioner argues he is entitled to relief against CDI based on Code of Civil Procedure section 1094.5. Petitioner makes no reference to Code of Civil Procedure section 1085 and therefore abandons the claim. In footnote 2 of its Opposition Brief, CDI states: “Petitioner fails to cite a single case applying Code of Civil Proce...

Excerpt: ...rmit (CUP) obtained by Petitioner. The County opposes the petition. Petitioner's request for judicial notice (RJN) is granted. The Petition is DENIED. STATEMENT OF THE CASE Application for the Original CUP for the Store: On November 13, 2002, the County's Regional Planning Commission (RPC) conducted a public hearing concerning Petitioner's request for a CUP “to authorize the sale of beer and wine for off‐site consumption at a new 7‐Eleven c...

Excerpt: ...position to the demurrer. Respondent, Ricardo Lara, as Commissioner of the Department of Insurance (CDI), also demurs to the FAP. Petitioner did not file an opposition to the demurrer. Both demurrers are sustained without leave to amend. ALLEGATIONS IN THE FIRST AMENDED PETITION Petitioner is a short-haul trucking company that transports freight from the Port of Los Angeles destinations throughout Southern California. (FAP ¶ 3.) Petitioner hires...

Excerpt: ...after the City rescinded Petitioner's top applicant score and denied Petitioner the right to proceed in the City's process to secure a retailer permit. Petitioner seeks a writ of administrative mandamus pursuant to Code of Civil Procedure[1] sections 1085 and 1094.5 to compel the City to set aside the City's purportedly ex post facto review of Petitioner's application and reinstate Petitioner as a top‐six scoring applicant. Real Party in Intere...

Excerpt: ...overruled. The County's opposed request for judicial notice (RJN) is granted in part. The court takes judicial notice of Exhibit 1 only. With regard to Exhibits 2 through 4, the court notes the court's case access system (electronic docketing) admonishes the electronic record “does not constitute the official record of the court.” In addition, the court advises the information provided “may be subject to error or omission.” The court make...

Excerpt: ...he City and Real Parties in Interest, Elliot Nayssan, Robhana, Inc., and NHD Terrace, LLC, oppose the petition. After an initial hearing, the court remanded the matter back to the City for an explanation of the City's analysis and application of the City's Department of Building and Safety Informational Bulletin 2017-129 (Bulletin 2017-129). The court otherwise denied Petitioner's claims. After consideration of the single remaining issue, the pet...

Excerpt: ...ondent, the Conservation and Liquidation Office (CLO) to produce documents they withheld from a CPRA production. The CDI and the CLO each separately oppose the petition. The petition is denied. [The court has identified an issue to which it has requested a response from the CLO herein.] Petitioner's request for judicial notice is granted as to the existence and filing only of facts and documents 1 through 11 and 34 through 36. (Evid. Code § 452,...

Excerpt: ... documents within its possession, custody and/or control,” it has failed to do so. (Motion 2:8-9.) Petitioner complains the City's initial production resulted from an “admitted” “inadequate search” based on only two search terms—the property address and “Basement Ordinance.” (Motion 3:24-26.) The City contends it fully complied with its discovery obligations. The City indicates because it did not indicate it would produce “all�...

Excerpt: ...er seeks a writ of administrative mandamus compelling the Board to (1) set aside its decision to revoke Petitioner's license and (2) reinstate Petitioner's license without any further disciplinary action. The Board opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE On March 15, 2006, the Board issued Petitioner a vocational nurse license. (AR 86.) On October 3, 2014, Petitioner submitted an admission application to enroll in an i...

Excerpt: ...on, Inc. and Novel Collection, LLC, seek a writ of possession against Defendants, the City of Beverly Hills and the Beverly Hills Police Department, over certain property. Plaintiffs also filed a motion for a writ of replevin wherein Plaintiffs request the court “deny defendant's [EIJ, Inc. (dba as The Beverly Hills Watch Company)] motion and grant possession, custody and control to the original owners of this property, Noble Collection, Inc. a...

Excerpt: ... hearing on the application on the basis that Defendant had not shown good cause through admissible evidence. The application for a writ of attachment is granted. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds 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 validity of the claim upon which the attachment is ...

Excerpt: ...H 29). Defendant did not file an opposition to the application. The court entered Defendant's default on April 22, 2021. The application for writ of attachment is denied. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds 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 validity of the claim upon which the attach...

Excerpt: ...Petitioner seeks an order reversing the decision and remanding the matter for rehearing. Respondent opposes the petition. Real Party in Interest, Respondent's Division of Labor Standards Enforcement (DLSE), separately opposes the petition. The petition is denied. Petitioner's request for judicial notice (RJN) of Exhibit 1 is granted. STATEMENT OF THE CASE On January 5, 2017, DLSE issued a civil wage and penalty assessment (CWPA) against Petitione...

Excerpt: ... decision and compel Respondent to recalculate Petitioner's retirement service credit to include the period of September 1, 2007 through May 28, 2018. Petitioner's request for judicial notice is denied. Judicial notice is unnecessary as the exhibits are already included in the administrative record. Respondent opposes the petition. Petitioner did not file a reply. The petition is denied. STATEMENT OF THE CASE The facts are undisputed. Petitioner ...

Excerpt: ...ties' argument on the issue of the Hearing Officer's consideration of character and/or sexual history evidence. STATEMENT OF THE CASE In January 2020, Petitioner was a 20‐year‐old sophomore at USC studying business administration. (AR 237, 260.) Jane Roe was then a 19‐year‐old second year student at Irvine Valley College. (AR 370.) At the time of Petitioner's alleged sexual misconduct, Roe was visiting her friend and USC student, K.D. Roe...

Excerpt: ...money won in a race in violation of its mandatory duties. DEMURRER The Board demurrers to the TAP. Petitioner opposes the demurrer. The demurrer is overruled. On the court's own motion, proceedings as to the fifth cause of action—a civil of statutory violation for which damages are sought—is stayed pending resolution of the petition's writ causes of action. Upon conclusion of the first through fourth causes of action, the court will transfer ...

Excerpt: ...ion for LAUSD, [1] from implementing and enforcing the Superintendent's Resolution Requesting the Board of Education of the Los Angeles Unified School District to Require COVID-19 Vaccination for Eligible Students (the Resolution) during the pendency of this litigation. Respondents oppose the motion. The request for a preliminary injunction is DENIED. Respondents' unopposed request for judicial notice (RJN) of Exhibits A through E is granted. Pet...

Excerpt: ...ting to mandatory Covid-19 testing of unvaccinated League represented employees and provide Plaintiff all relevant and necessary information during the meet and confer process regarding the City's exclusive Covid-19 testing contractor and scope of services;  Implementing Ordinance No. 187134 without exhaustion of statutory collective bargaining impasse procedures, including refraining from mandating the Covid-19 testing of unvaccinated League ...

Excerpt: ...23.55, which includes $35,000 for attorney fees. Defendants oppose the applications. Defendants' request for judicial notice (RJN) is granted. The applications are denied. Defendants' evidentiary objections are all sustained except objection 1 which is overruled. APPLICABLE LAW 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 ...

Excerpt: ...t to Code of Civil Procedure sections 1085 and 1094.5 against Respondent, the Housing Authority for the City of Los Angeles (HACLA). Petitioners also seek damages from Respondent based on alleged violations of the Fair Employment and Housing Act (FEHA) (Gov. Code § 12940 et seq.), Government Code section 11135 and the Unruh Civil Rights Act (Civ. Code § 51). Through their writ causes of action, Petitioners specifically request the court order H...

Excerpt: ...oper. The applications for writs of attachment are granted. APPLICABLE LAW 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 validity of the claim upon which the attachment is based. 3. The attachment is not sought for a purpose other than the recovery on the claim upon w...

Excerpt: ...enses to non-insiders) (a) until such time as the Court assumes supervisory jurisdiction over the winding up and dissolution of the Company under Corporations Code section 1904; or (b) for a period of 30 days, whichever occurs first.[1] Alternatively, Petitioner seeks a preliminary injunction restraining and enjoining the Company, its officers, directors, shareholders, agents, employees, and affiliates from causing the Company to make any payment...

Excerpt: ...rch 28, 2021, Deputy Gomez of the Los Angeles County Sheriff's Department “responded to Kanan [Road] and Thousand Oaks, in the City of Agoura Hills regarding a possible drunk driver” in a blue Acura based on a caller/tipster who “was following the possible drunk driver in a white 4 door sedan and continuously gave the Lost Hills Station dispatch an updated location.” (AR 15.) When Deputy Gomez arrived at the location provided by the calle...

Excerpt: ...o proceed as required by law when it found the Project categorically exempt from environmental review under the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. The City and Real Parties in Interest, Fariborz Moshfegh and Whitley Apartments, LLC, oppose the petition. The Petition is GRANTED/DENIED . The court grants Petitioner's request for judicial notice (RJN) as to Exhibits D, E and G only. The objection...

Excerpt: ...rged by Petitioner. That is, what provision in the statute (or the SPA) addresses Respondent's federally funded hours inclusion policy and its documentation requirement policy.] Respondent, California Department of Health Care Services (the Department), demurs and moves to strike portions of the first amended petition for writ of mandate and declaratory relief filed by Petitioner, Los Angeles Unified School District. Petitioner opposes the demurr...

Excerpt: ...tion is vested in the director, it would appear the discretion must be exercised and a decision made. The silence of UCLA and Respondent could suggest (assuming such discretion exists) UCLA and Respondent did not address the issue of an extension.] Petitioner, David Baron, seeks an order requiring Respondent, Regents of the University of California, to set aside its December 4, 2019 decision denying Petitioner's appeal. Through his appeal, Petiti...

Excerpt: ... documents. The City opposes the petition. The Petition is denied. The City's Evidentiary Objections:[1] Objection number 13 is overruled. Objection numbers 1, 2, 3, 4, 5, 8 and 10 are sustained. The following objection numbers are sustained in part: 6 (the court receives the last sentence and Exhibits H and I into evidence), 7 (the court receives Exhibit H into evidence), 9 (the first sentence is stricken), 11 (the court receives the last two se...

Excerpt: ...ounty District Attorney's Office (DA's Office) and the County of Los Angeles (collectively, Respondent), violated the Los Angeles County Civil Service Rules (CSR), when Respondent transferred certain Deputy Public Defenders (DPDs) to Deputy District Attorney (DDA) III and DDA IV positions. Petitioner seeks to enjoin Respondent from: “A. Transferring, re-classifying, or appointing any Los Angeles County public defender, Los Angeles County altern...

Excerpt: ...ttlement agreement pursuant to Code of Civil Procedure section 3399. Petitioner sought an order that “the Court exercise its jurisdiction under Code of Civil Procedure §664.6 and order that the settlement agreement herein be set aside or rescinded as it does not conform absent further clarification to the mutual intent of the parties.” The court granted Respondent's motion and denied Petitioner's motion to reform the settlement agreement. Re...

Excerpt: ...versity of California, Los Angeles (UCLA). Respondent opposes the Petition. The Petition is DENIED. STATEMENT OF THE CASE Underlying Facts Petitioner is an undergraduate student at UCLA, pursuing a biochemistry major. (AR 218.) He is a senior. (AR 207.) Petitioner “has Savant syndrome, a condition in which he excels in certain abilities, far greater than the average student, in things such as tremendous memory retention, rapid learning and calc...

Excerpt: ...Administer[1] (the County), to set aside the County's October 13, 2020 decision to deny Petitioner's claim for long-term disability benefits (LTD Claim). The County opposes the petition. The petition is denied. STATEMENT OF THE CASE Petitioner began working for the County's Sheriff's Department as a custody assistant on April 16, 2007. (AR 29, 111.) On April 17, 2014, Petitioner could no longer perform her duties with the Sheriff's Department and...

Excerpt: ...ourt finds the legal authority governing requests to augment the administrative record informs on the issue raised by this motion. “A petitioner may object that the record prepared by the agency contains an item that is not part of the record and it should be deleted; or that the record omits an item that is part of the record and it is important to the petitioner's case.” (Cal. Administrative Mandamus (Cont.Ed.Bar 3d ed. 2017) § 4.12 [citin...

Excerpt: ...ge for any record redacted or withheld from production”; and (3) produce the documents relating to its search for records as specified in the deposition notice. Petitioner also seeks sanctions of $1,961.70 as and for “out-of-pocket deposition costs and filing fees.” CDI opposes the motion. The motion is granted in part. CDI (through Patricia Hein) shall respond to deposition questions for which she provided no response as set forth below. T...

Excerpt: ...bruary 10, 2021, this court ordered Petitioner filed her Opening Brief no later than September 6, 2021. Instead, without leave of court, Petitioner filed her Opening Brief almost 12 hours after Respondent timely filed its Opposition Brief. Respondent filed its brief despite Petitioner having failed to file her Opening Brief “in an abundance of caution.” (Opposition 1:4) Petitioner did not file a Reply Brief. Petitioner's late filed brief is d...

Excerpt: ...itioner requests this court issue a writ of administrative mandate setting aside Respondent's decision. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE On August 21, 1989, Respondent issued a physician's and surgeon's license to Petitioner. (AR 822.) On April 27, 2018, Respondent filed an accusation against Petitioner's medical license regarding his care and treatment of Patients A, B and C. (AR 1‐15.) Petitioner ...

Excerpt: ...de section 21000 et seq., are untimely. Real Party in Interest, Bridge Housing Corporation (Bridge), joins the motion. Petitioner opposes the motion. The motion is denied. The County's unopposed request for judicial notice of Exhibits 1 through 13 is granted. (Evid. Code § 452, subd. (b), (c), (d) and (h).) RELEVANT ALLEGATIONS IN THE PETITION On September 8, 2020, the City Council for the City of Los Angeles approved a street vacation applicati...

Excerpt: ...oner did not file a reply. The motion is DENIED. APPLICABLE LAW Code of Civil Procedure section 1008, subdivisions (a) and (b) allow a party to move for reconsideration of an order within 10 days after service on the party of written notice of the order. The statute requires, however, any motion for reconsideration be based “upon new or different facts, circumstances, or law.” (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1098; Advanced Bu...

Excerpt: ...tively, THC). In conjunction with the applications for attachment, Rakuten filed a motion to seal portions of the applications (Judicial Council forms), briefs and exhibits. The motion is unopposed The motion to seal is denied. Plaintiff shall advise whether the lodged records may be filed unsealed. (See Cal. Rules of Court [CRC], Rule 2.551, subd. (b)(6).) LEGAL STANDARD “A strong presumption exists in favor of public access to court records i...

Excerpt: ...request for judicial notice (RJN) is denied. The court finds the material is irrelevant to the demurrer. Respondents' RJN is granted. As a preliminary matter, California Rules of Court (CRC), Rule 3.113, subdivision (d) limits memoranda in support of a motion to 15 pages. Accordingly, the court has disregarded all argument made in Respondents' 7‐page “notice” of the demurrer. The court also notes Petitioner filed an untimely opposition. (Se...

Excerpt: ...after a hearing. Petitioner requests a court order setting aside Respondent's decision pursuant to Code of Civil Procedure sections 1094.5 and 1085. Real Parties in Interest, the County of Los Angeles and the Department (jointly, the County) oppose the request. The petition is denied. The County's request for judicial notice is granted. The court may take judicial notice of the Civil Service Rules. (Evid. Code § 452, subd. (h); Olson v. County o...

Excerpt: ...SUSTAINED. Petitioners request the court take judicial notice of two cases decided by our Supreme Court. (Opposition 3:4‐4:8.) Petitioners' request is unnecessary. The court need not take judicial notice to consider cases decided by the Courts of Appeal and the Supreme Court. Respondents' evidentiary objection to various declarations submitted by Petitioners is sustained. The court has not considered the evidence for purpose of this demurrer. T...

Excerpt: ...heriff's Department (Department) (jointly, the County) oppose the petition.[1] The petition is denied. STATEMENT OF THE CASE The Department employed Petitioner as a deputy sheriff. On April 19, 2013, Petitioner was indicted on one felony count and four misdemeanor counts of defrauding the Department of Housing and Urban Development. (AR 59‐76.) On June 13, 2013, the Department served Petitioner with a Letter of Imposition suspending her without...

Excerpt: ...tthew Overmyer. Defendants jointly oppose the motion. Plaintiff's request for a preliminary injunction is DENIED. The court finds Plaintiff's evidentiary showing is insufficient to obtain relief. The court notes Plaintiff's initial request for a temporary restraining order and an order to show cause re preliminary injunction requested four orders. Plaintiff sought to enjoin Defendants from:  Using Plaintiff's confidential, proprietary and trad...

Excerpt: ...er challenges both decisions here and requests the DMV be compelled to set aside both suspensions.[1] The DMV opposes the petition. The petition is denied. STATEMENT OF THE CASE Underlying Incident: On December 21, 2019, at 12:45 a.m., Deputy Treadway with the Los Angeles County Sheriff's Department was driving on the freeway when he noticed a car driving directly in front of him swerve into the lane to his left and then the lane to his right bef...

Excerpt: ...in Babaali over the following property:  Medical Inc: (1) a Trusculpt ID Workstation UP‐7641  Varicose Relief Inc: (1) a Trusculpt ID Workstation UP‐7641 and (2) an Immode Votiva Laser System  Hossein Babaali: (1) a Trusculpt ID Workstation UP‐7641 and (2) an Immode Votiva Laser System While all three Defendants have appeared in this action, none filed an opposition. The application for a writ of possession is granted as to Defenda...

Excerpt: ...��110 attached thereto.) Defendant EIJ, Inc. (dba as The Beverly Hills Watch Company) opposes the application. Plaintiff did not file a reply. Defendant EIJ, Inc.'s request for judicial notice is denied as irrelevant. As the BHPD is currently not named as a Defendant, Plaintiff cannot prevail on its motion/application. The statutes are clear. A plaintiff may obtain a writ of attachment only against a Defendant. The motion/application is denied. A...

Excerpt: ...iary Objections: Objections 1, 3 and 5 are sustained. The following objections are sustained in part: 2 (all except “The County contracts . . . goods and services”), 4 (as to the first sentence only) and 6 (as to “and did not perform . . . already doing so”). Petitioner's request for judicial notice is granted. ALLEGATIONS IN THE PETITION The petition alleges Petitioner discovered Respondent lobbied elected officials to regain access to a...

Excerpt: ...except that involving Education Code section 66281.8, subdivision (g)(1) [Section 66281.8], the court tentatively finds Petitioner is not entitled to relief as set forth below. In response to Respondent's assertion Section 66281.8 precludes the court from applying relevant case law to Petitioner's action, Petitioner's response is not entirely clear. Petitioner labels the statute “improper” and appears to suggest the Legislature did not disapp...

Excerpt: ...ed. Defendant's Evidentiary Objections: All objections to the Smith declaration are sustained to the extent the material objected to repeats information attached to the declaration as exhibits. The court partially sustains the objections on secondary evidence grounds only. The Wonner declaration: The court overrules objections 1 and 3. The remaining objections are sustained in part to the extent the material objected to repeats information receiv...

Excerpt: .... (Regency), demurs to the first cause of action in the 5AC. Petitioners, Citizens for Amending Proposition L, Vernon Price, and J. Keith Stephens, oppose both demurrers. The demurrers to the first and second causes of action are sustained without leave to amend.[1] RELEVANT ALLEGATIONS IN THE FIFTH AMENDED COMPLAINT On June 24, 1993, the City and Regency entered into a Development Agreement which allowed Regency to build and operate ten billboar...

Excerpt: ...Petitioner also seeks an order awarding the balance of the Contract to Petitioner as the best value bidder for the project.[1] The County opposes the amended petition. The amended petition is denied. The County's unopposed request for judicial notice is granted. Petitioner's five evidentiary objections to the Worthge declaration are sustained. STATEMENT OF THE CASE Background: In 2012, Southern California Edison (SCE) changed its long‐standing ...

Excerpt: ...e constitutions, abused its discretion by failing to proceed as required by law and failed to support its decision with competent evidence. (Pet., ¶ 23.) Petitioner also asserts the City violated the Government Code and its own housing element. (Pet., ¶ 24.) The City opposes the petition. The Petition is denied. The City's request for judicial notice (RJN) of Exhibits A through M is granted. (Evid. Code § 452, subd. (c).) STATEMENT OF THE CASE...

Excerpt: ...de § 452, subd. (b), (h); Evid. Code § 451, subd. (a).) The City's reply RJN of Exhibits O through Q is granted. (Evid. Code § 452, subd. (b).) Petitioner's RJN of Exhibits A through K is granted. (Evid. Code § 452, subd. (b), (h).) PETITION ALLEGATIONS On August 27, 2007, the City granted final approval for a subdivision consisting of fifteen single family homes, known as Tract 62958, located at 10867 Topanga Canyon Boulevard in Chatsworth. ...

Excerpt: ...wned) the real property located at 301 S. Kenmore Ave in Los Angeles (the Property). Plaintiff entered into an agreement with Defendant to buy the Property. The parties' dispute arises from the sales transaction. Defendant opposes the application. The application for writ of attachment is denied based on Code of Civil Procedure section 1281.8. Evidentiary Objections Defendant's objections to Plaintiff's evidence: The following objections are over...

Excerpt: ...n numbers 2, 4, 6, 7, 8, 12, 13, 14, 15 and 17 are overruled. Objection numbers 5, 9 and 11 are sustained. The following objections are sustained in part: 1 as to “and likely sent in error,” 3 as to “receive this . . . these invoices,” 10 as to the first sentence and 16 as to all following “or to Shubha . . . .” APPLICABLE LAW The court shall issue a right to attach order if the court finds all of the following: 1. The claim upon whic...

Excerpt: ...f.) The motion is denied. STANDARD OF REVIEW Augmentation of the administrative record is strictly controlled by the statutory guidelines set forth in Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 101.) The statute provides as follows: “Where the court finds that there is relevant evidence that, [1] in the exercise of reasonable diligence, could not ha...

Excerpt: ...ng resolution of the petition on September 28, 2020. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE[1] Underlying Incident: On November 10, 2019, at 7:15 a.m., Petitioner caused her car to collide another car stopped at a red traffic light. (AR 17.) The driver of the car Petitioner hit got out of his car to talk to Petitioner about the accident. (AR 17.) When the driver approached Petitioner, “he noticed that [Pe...

Excerpt: ... of Carson, and Successor Agency to the Carson Redevelopment Agency (Successor Agency) (collectively, Respondents) to produce documents under the CPRA. Respondents oppose the petition. The Petition is DENIED.[1] STATEMENT OF THE CASE At issue in this action are two CPRA requests. Respondents contend they have fully complied with their obligations under the CPRA. Background: In September 2018, Petitioner, the City and the CRA entered into a series...

Excerpt: ...cted the election pursuant to the Voter's Choice Act (VCA) set forth in Elections Code[1] sections 4005 and 4007. With nearly 100,000 votes cast, the City's voters passed Measure A with a 16‐vote margin. After the election, Petitioners, Long Beach Reform Coalition and Ian Patton, initiated a vote recount of the measure pursuant to section 15620. As parties seeking a vote recount, state law required them to deposit with the County funds necessar...

Excerpt: ... The demurrer is sustained in its entirety. Respondents' unopposed request for judicial notice (RJN) of Exhibits A through C is granted. Petitioner's unopposed RJN of Exhibits 1 through 12 is granted. ALLEGATIONS IN THE SAP On November 10, 2020, at an “afternoon study session,” the City Council adopted Resolution No. 20‐R‐13319 (the Resolution) approving a General Plan Land Use Map Amendment to allow mixed use development in certain comme...

Excerpt: ...found Petitioner refused to consent to chemical testing under the implied consent law. The DMV's suspension order became effective June 12, 2020 and remained in place until June 11, 2020. The petition is denied. STATEMENT OF THE CASE Underlying Incident: On January 10, 2020, Petitioner was stopped in the number four lane on Venice Boulevard at a red traffic light. (AR 17.) At the same time, Officer McCue—who was on a motorcycle—was in a left ...

Excerpt: ...se the motion. The request for a preliminary injunction is DENIED. Defendants' request for judicial notice (RJN) of Exhibits 1 through 11 is granted. (Evid. Code § 452, subd. (c) and (h).) 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 inju...

Excerpt: ...ds.] Evidentiary Objections: Wasatch's evidentiary objections are overruled except the following objections are sustained: Objection number 7, 12, 13, 14, 21, 24 in part (as to last two sentences), 37 in part (as to the second sentence), 38, 39, 44, 46 in part (as to the second sentence), 47 in part (as to the first sentence), 48, 49, 50, 51, 74 in part (as to “refuting . . . improperly hold”) and 75 in part (as to the second sentence). Kaise...

Excerpt: ...pposes the petition. The Petition is GRANTED. Petitioner's request for judicial notice (RJN) is granted. STATEMENT OF THE CASE On December 3, 2018, at approximately 1:38 a.m., Officers Relles and Valencia entered the eastbound US‐101 freeway directly behind a black BMW sedan. (AR 6‐8, 14, 51.) According to the testimony of Officer Relles and the arrest report, Petitioner, the car's driver, accelerated at a high rate of speed onto the freeway ...

Excerpt: ... the dogs to Defendants in 2019, and despite Plaintiff's request for return of the dogs, Defendants have retained possession of them. Defendants oppose the applications. The applications are denied. APPLICABLE LAW “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Cod...

Excerpt: ...0 days leave to amend. KAFLA also moves for a protective order. Petitioner opposes the motion. The motion for a protective order is granted. STATEMENT OF THE CASE KAFLA is a 501(c)(3) non‐profit organization incorporated and existing under the laws of the State of California. (Jeong Decl., ¶ 3., Ex. 2; An Decl., ¶ 3.) Pursuant to Chapter 2 – Section 2 of the KAFLA Bylaws, Petitioner claims, as a resident in the County of Los Angeles, he is ...

Excerpt: ...ned. The court finds it cannot compel Respondents to “hold a hearing to ratify the action of the City Council” to approve terms of a contract. (Prayer ¶ 1.) Petitioner has not identified a ministerial duty requiring Respondents to ratify the contract. To the extent Petitioner contends the contract is invalid, this court cannot compel Respondents to cure any defects with the contract. The City's request for judicial notice (RJN) is granted. (...

Excerpt: ...evice Pilot Program. On January 28, 2020, the City established its Second Shared Mobility Device Pilot Program (Second Program) with a delayed commencement date of July 1, 2021. The City declined to issue Bird a permit to operate its e‐scooter fleet in the Second Program. In this action, Bird challenges the City's failure to issue it an operation permit. Bird now seeks a preliminary injunction enjoining the City from any act prohibiting Bird fr...

Excerpt: ...l duty of enforcing criminal laws both uniformly and adequately. Petitioner seeks to compel the Attorney General to prosecute any violations of the Penal Code related to the issues Petitioner raises. Specifically, Petitioner alleges he filed a petition for writ of habeas corpus, alleging police/prosecutor misconduct that approached the level of criminal misconduct. Petitioner caused the Attorney General's office to be served with his petition for...

Excerpt: ...to the program. Respondent opposes the petition. The Petition is GRANTED. STATEMENT OF THE CASE Petitioner has been a participant in the Section 8 program administered by Respondent since March 2013. (AR 89‐90.) In February 2015, Petitioner moved into an apartment at 4701 Rodeo Lane in Los Angeles (the Unit). (AR 49, 89). Pama Management Co. is the landlord of the Unit. (AR 49) On August 2, 2018, Respondent received an anonymous call reporting ...

Excerpt: ...t aside its January 26, 2021 decision revoking his medical license. The Board revoked Petitioner's medical license when Petitioner failed to respond to the Board's Accusation (i.e., defaulted). The Board opposes the petition. The Board's request for judicial notice (RJN) is granted. The court finds an interlocutory order remanding the matter to the Board is appropriate here. The court cannot determine on this record whether the Board committing a...

Excerpt: ...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 validity of the claim upon which the attachment is based. 3. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. 4. The amount to be secured by the attachment is greate...

Excerpt: ...oration Commission (the Commission), to produce documents under the CPRA. The Commission opposes the petition. The Petition is denied. Evidentiary Objections: Petitioner's objections to the declaration of Ford are overruled except objections number 3 and 5 which are sustained. Petitioner's objections to the declaration of Wang are overruled. The Commission's objections to Petitioner's reply evidence are overruled. STATEMENT OF THE CASE The EPA's ...

Excerpt: ...yft opposes the application. The application for writ of attachment is granted as prayed. APPLICABLE LAW 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 validity of the claim upon which the attachment is based. 3. The attachment is not sought for a purpose other than th...

Excerpt: ...rit of possession is granted. APPLICABLE LAW “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Pursuant to Code of Civil Procedure section 512.010, subdivision (b), the application must be submitted under oath and include: (1) ...

Excerpt: ...ated attorney fees. As to Defendant Kim, Plaintiff has filed no application for a writ of attachment.[1] Further, the court did not set an attachment hearing for Defendant Kim on June 16, 2021 when it set the other two applications for hearing. Plaintiff also has not—according to the file in this matter— served Defendant Kim with a summons and complaint. Thus, Plaintiff is entitled to no relief against Defendant Kim. (See Code Civ. Proc. § 4...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...not show financial responsibility for damages caused by his accident. The DMV opposes the petition. The petition is denied. STATEMENT OF THE CASE Underlying Accident: On June 2, 2019, Petitioner, while driving a BMW X5 sports utility vehicle (SUV), picked up two individuals—his roommate, Betall Mendieta, and Malia Henderson—in the Altadena area. (AR 10, 53.) While Henderson was attempting to get into the SUV, Petitioner caused the SUV's left ...

Excerpt: ...rnative, T‐Mobile requests the petition's exhibits be replaced with redacted versions of the exhibits through a motion to seal. Petitioner, Parkview Consulting, LLC, opposes the motion. The motion to strike is denied. The court notes to the extent T‐Mobile's goal is to remove from public view certain information within the exhibits, a motion to strike will not achieve that goal. A motion to strike does not remove from public view allegations ...

Excerpt: ...filed by Petitioners. Petitioners oppose the demurrer. Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC) and Cal Pure (collectively, Respondents), move for a court order striking the allegedly irrelevant, immaterial and improper portions of the FAP. Petitioners oppose the motion. The parties' requests for judicial notice in support of the demurrer are granted. The demurrer is sustained with 20 days leave to amen...

Excerpt: ... Government Code [1] section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Emphasis added.) The date of accrual for the purpose of presentation of a claim is the date on which the cause of action would have accrued within the meaning of the statute of limitations. (§ 901.)...

Excerpt: ...ced Petitioner on probation for three years. Petitioner requests the court require the Board to impose some lesser discipline, such as a letter of public reprimand. The Board opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE In 1981, Petitioner began her nursing career in South Korea. (AR 271.) On March 17, 2008, the Board issued a RN license to Petitioner. (AR 189.) The Underlying Incident: In December 2017, Petitioner applied ...

Excerpt: ...titioner's employment as a Sergeant in the Department of Police Services on the campus of California State University at Northridge (CSUN). Petitioner requests a court order setting aside the Board's decision. He also seeks an order requiring the Trustees to remove any record of his misconduct from its records, restore his salary and benefits and return him to his position as Sergeant. CSU opposes the petition. The petition is denied. STATEMENT O...

Excerpt: ...ch for depositions. Respondent opposes the motion and also moves for a protective order. The court conducted a lengthy telephonic informal discovery conference with the parties. The parties did not reach resolution and this motion practice followed. All evidentiary objections to the Declaration of Ryan Gohlich are overruled. APPLICABLE LAW “[A]ny party may obtain discovery [through the deposition of a party or a non‐party] regarding any matte...

Excerpt: ...tion 1021.5. The City's request for judicial notice (RJN) is granted. Evidentiary Objections: Petitioner's objections to the declaration of Carrie Tai: Objection number 1 is sustained on relevance grounds. Objection number 2 is overruled. The City's objection to the Supplemental Declaration of Lake McManus is well grounded. The court did not grant leave to any party to file anything differently than what had been before Judge Chalfant. If the Cit...

Excerpt: ...ompel Respondent, the County of Los Angeles, to produce documents withheld by the Los Angeles County Sheriff's Department (LASD) responsive to its CPRA request within three months. The County opposes the petition. The Petition is granted. Based on the remaining dispute between the parties, the court grants Petitioner's request for judicial notice (RJN) as follows: Exhibits QQ, RR, SS and TT only. The County's RJN is granted in its entirety. STATE...

Excerpt: ...n denying the request for hearing and appeal of Real Party in Interest, Kathryn Thipatima. (Petition, Prayer ¶ 1.) Petitioner further seeks an order Respondent reverse its findings the DMH violated Civil Service Rule 25. (Petition, Prayer ¶ 2.) Finally, Petitioner requests this court direct Respondent to “cease taking jurisdiction over requests for medical reevaluations as such is not within the Commission's jurisdiction.” (Petition, Prayer...

Excerpt: ... file a reply. (Capital Foreclosure Services, Inc. filed a declaration of non‐monetary status.) 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 injunction does not amount to an adjudicatio...

Excerpt: ...City), Mary Campbell, Stacey Armato, Justin Massey, and Michael Jenkins (collectively, Respondents) demurrer to each cause of action in the Second Amended Verified Petition for Writ of Mandate and Second Amended Complaint for Injunctive and Declaratory Relief (the SAP). Respondents also demurrer to the entire SAP as to Respondent Jenkins. Petitioner opposes the demurer. Respondents' request for judicial notice is granted. The court does not, howe...

Excerpt: ...ctric Co., the City of Riverside, and the City of Anaheim (collectively, SCE),[1] for a project “that is part of the overall effort to decommission the San Onofre Nuclear Generating station (SONGS) . . . .” (AR 25.) To be clear, the challenge here is to the adequacy of the analysis used by the Coastal Commission in approving the 2019 CDP. (Reply 6:3‐4.) The issues before this court on this action are not about the wisdom of the manner in wh...

Excerpt: ...Racing Law and proper [California Horse Racing Board] regulations when dismissing [a] positive test [for a prohibited substance] and then hiding it from the public.” (Pet., ¶ 3.) The parties have competing motions before the court. Respondent moves to enforce a settlement agreement pursuant to Code of Civil Procedure section 664.6. Petitioner moves for an order reforming the settlement agreement pursuant to Civil Code section 3399. Alternative...

Excerpt: ...its. Petitioner contends, as found by the Employment Development Department (the EDD), Shaw is disqualified from receiving any benefits based on Unemployment Insurance Code section 1256. The Board opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Petitioner employed Shaw as a lead medical biller. (AR 9, 29.) Petitioner worked for Petitioner for approximate six to seven years. (AR 9, 29.) From July 16 to August 2, 2019, Shaw was ...

Excerpt: ... invalidating the Special Public Safety Tax for Fire Protection and Prevention and Police Protection (the Special Tax). Respondent, Dean Logan (the Registrar), the Los Angeles County Registrar, joins the motion. Petitioner, Andrew Ko, initiated this action to obtain an order removing the Special Tax measure from the ballot and compelling the City and the Registrar to set aside the Special Tax. The petition seeks relief against the Registrar with ...

Excerpt: ...ventory, chattel paper, accounts, equipment and general intangibles.” (Adams Decl., Ex. 1.) Defendant did not file an opposition. Plaintiff has not demonstrated service of the summons and complaint upon Defendant. Plaintiff filed a proof of substituted service. Plaintiff did not cause the summons and complaint to be mailed, however, until June 4, 2021. Code of Civil Procedure section 415.20, subdivision (a) specifies service is not “complete�...

Excerpt: ...order sealing its Respondent California Horse Racing Board's Designation Motion (Designation Motion) in its entirety, including the exhibits. Petitioner opposes the motion. The motion is granted only as to Exhibits C, D, E and F. As the court views it, nothing in the Designation Motion other than those exhibits contains potentially confidential information. Thus, the motion is granted in part. Petitioner's objections to the evidence submitted to ...

Excerpt: ...ions of Detective Hoeppner and Lieutenant Todd from the City's police department. The City also seeks an order staying all discovery pending the resolution of the underlying criminal litigation. Petitioner opposes the motion. The motion is granted in part and denied in part. The City's request to quash the deposition notices is granted; the City's request to stay all other discovery is denied. THE CIVIL DISCOVERY ACT “[A]ny party may obtain dis...

Excerpt: ...ll persons acting in concert with them or through them, including Marina Boyd, and possible renter, Trabeeonne Dedeaux, to show cause why they should not be enjoined during the pendency of these proceedings from entering the real property located at 807 East 103 rd Place in Los Angeles (the Property), including but not limited to, removing, damaging or altering the Property or any personal property, furniture, fixtures or equipment thereon, and t...

Excerpt: ...oper). The entitlements include a vesting zone change and height district change, a site plan review, a master conditional use permit for on‐site sales and consumption of alcoholic beverages as well as a vesting tentative tract map. The entitlements allow the Developer to: “demolish 40 existing rent‐stabilized residential units and construct a mixed‐use development that includes a 30‐story tower [with] up to 269[1] multifamily residenti...

Excerpt: ... the petition. Petitioner opposes the demurrer. The demurrer is sustained with 21 days leave to amend. The City's request for judicial notice (RJN) is granted. RELEVANT ALLEGATIONS IN THE PETITION Petitioner is the owner of an apartment building located at 3325 South Main Street in the City. The Restaurant is a business that owns or leases certain real property located at 3311 South Main Street (the Property). The Property is adjacent to Petition...