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2023.03.22 Motion to Correct and Recertify the Administrative Record 932
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.22
Excerpt: ... cause for doing so" exists because "the CitVs originally certified record inadvertently omitted various documents that the California Environmental Quality Act ('CEQA') statutorily requires to be included in the administrative record." [1] (Motion 3:12-15.) Petitioner, Leona Valley Town Council, opposes the motion. The motion is granted. ALLEGATIONS IN THE PETITION On February 27, 1992, the City certified environmental impact report (EIR) 90-4 a...
2023.03.17 Petition for Writ of Mandate 174
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.17
Excerpt: ...under the CPRA. The City opposes the petition. At the hearing on February 1, the City objected to the cour€s tentative decision as addressing a matter that had not been briefed—the issue of waiver. The court allowed supplemental briefing on the issue. The court has read and considered the supplemental briefs. The petition is denied. STATEMENT OF THE CASE On December 10, 2021, Petitioner made a written request for records from the City pursuan...
2023.03.17 Petition for Relief from Claim Filing 849
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.17
Excerpt: ...hool District (LAUSD), California Department of Health Care Services and the California Department of Social Services, oppose the petition.[2] The petition for relief from the claim presentation requirement is DENIED. As explained herein, the court does not adjudicate whether Petitioner's government claims were timely submitted to Respondents. LAUSD's objections to the Declaration of Alex are all sustained except numbers 5 (as to paragraph 8, lin...
2023.03.17 Motion to Strike or Tax Costs 696
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.17
Excerpt: ...dgment as well as Petitioner's attorneys' fees and costs related to collection ($60,337.37). On February 17, 2023, the court granted Petitioner's request as to the money judgment, $406,574.91 and statutory interest. In response to Petitioner's request for attorneys' fees (based on Code of Civil Procedure sections 685.040 and 685.070) [see Opening Brief 6:16-201, the County filed a motion to strike pursuant to Cade of Civil Procedure section 685.0...
2023.03.17 Applications for Writ of Attachment 995
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.17
Excerpt: ...tiffs request for judicial notice (RJN) of Exhibit A is granted. (Evid. Code, S 452, subd. (c).) Defendant's RJN of Exhibits A and B is granted. (Evid. Code, 5 452, (d).) The court declines to rule on Defendants' handwritten evidentiary objections to Plaintiffs declaration. (California Rules of Court, Rules 2.100-2.108.) Plaintiffs objections to the Declaration of Beverly Alexander are all overruled. Plaintiffs motion to strike the declaration is...
2023.03.15 Petition for Writ of Mandate 158
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.15
Excerpt: ...ion arguing the City abused its discretion and failed to proceed as required by law. More specifically, Petitioner contends the City should not have limited the HCM designation by eliminating the fairways, greens and driving range of the golf course. Petitioner seeks an order requiring the City to reconsider the recommendations and findings of the City's Cultural Heritage Commission (Commission) and make adequate findings to support the HCM desig...
2023.03.15 Demurrer, Motion to Strike 042
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.15
Excerpt: ...o Petitioner's Code of Civil Procedure section 1085 claim. The motion to strike is denied. After the parties completed briefing on the motions, Petitioner filed a request for judicial notice. Petitioner requests the court take judicial notice of the Statement of Decision filed on September 30, 2022, in Los Angeles Police Protective League v. City of Los Angeles, LASC No. 21STCV39987 [1] as well as Los Angeles City Council File No. 21-0921. The co...
2023.03.03 Petition for Writ of Mandamus 301
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.03
Excerpt: ...equest for an additional benefit of 53 hours per month of respite services. Regional Center opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Petitioner is sixteen years old. He has been diagnosed with Autism Spectrum Disorder. (AR 316, 332.) Los Angeles County funding provides Petitioner with 283 hours per month of In-Home Supportive Services (IHSS), a form of generic services. (AR 27, 319.) Natalee Mall, Petitioner's mother, i...
2023.03.03 Motion for Sanctions 291
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.03
Excerpt: ...8.5].) The City seeks the sanction award from Petitioner, Friends of Waverly, Inc., and its attorney, Noel Weiss. Petitioner opposes the motion. The motion is denied. Evidentiary Objections: As with the City's objections at the time of trial, objections to unsupported claims in briefing are problematic. To the extent Petitioner's claims are unsupported with admitted evidence, the court cannot rely on them. The City's objection to Petitioner's att...
2023.03.03 Motion for Sanctions 082
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.03.03
Excerpt: ...[Section 128.5].) The City seeks the sanction award from Petitioner, Friends of Waverly, Inc., and its attorney, Noel Weiss. Petitioner opposes the motion. The motion is granted/denied. [The court advises the party that it is on the fence on the ruling on this motion. Thus, focused argument will be helpful to the court.] STANDARD OF REVIEW Under Section 128.5, the trial court has discretion to award make a reasonable expenses award to a party whe...
2023.02.17 Application for Writ of Attachment 787
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.17
Excerpt: ...granted. The amount of the attachment authorized herein, however, represents a reduction to estimated attorney's fees and costs. Evidentiary Objections Defendant's objections to the Declaration of Shunnu Jin: All objections are overruled except objection number 4, 17 and 20 which are sustained. Objection number 12 is sustained in part as to the word “false.” Defendant's objections to the Declaration of Yong Bom Lee: All objections are sustain...
2023.02.17 Demurrer to FAP 172
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.17
Excerpt: ...rect result of respondent's breach of their mandatory duty to comply with Civil Service Rule 13, which is a Los Angeles County ordinance . . . .” (Pet., ¶ 1.) Respondent, the County of Los Angeles, demurs to the first amended petition (FAP). The County's request for judicial notice is granted. The demurrer is sustained as to the first and second causes of action—the writ and derivative declaratory relief claims. Petitioner shall advise the c...
2023.02.17 Petition for Relief from Claim Filing 911
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.17
Excerpt: ..., 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.) Section 946.6 is the ultimate jud...
2023.02.17 Petition for Writ of Mandate 696
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.17
Excerpt: ...� 1.) [2] Petitioner also seeks $60,337.37 as “enforcement costs” and “attorneys' fees that [it] may be entitled to under the law.” (Pet., Prayer, ¶¶ 2, 3.) Petitioner seeks a traditional writ of mandate pursuant to Government Code section 970.2. (Pet., ¶ 40.) Respondent opposes the petition. The petition is granted in the amount of $406,574.91 plus interest pursuant to Government Code section 907.1, subdivision (c). Petitioner's reque...
2023.02.15 Motion to Seal 144
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.15
Excerpt: ... money won. CHRB moves for an order lodging under seal three pages of the administrative record—“the CHRB respectfully requests that this Court order that the Subject Documents be lodged under seal for purposes of trial on this matter.” (Motion 7:2-3.) Petitioner opposes the motion. The motion to seal is denied. Petitioner's objections to evidence submitted by CHRB: Objections 1 and 2 are sustained. Objections 3 and 4 are overruled. LEGAL S...
2023.02.03 Application for Writ of Possession 426
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.02.03
Excerpt: ...plication for a writ of possession is 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.” (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 ...
2023.01.27 Petition for Writ of Mandate 421
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.27
Excerpt: ...on. The Petition is DENIED. STATEMENT OF THE CASE Petitioner is a self-employed full-time taxi, private and rideshare driver. (AR 46 [schedule C], 53.) In 2020, Petitioner filed for PUA benefits. At the time of his application, Petitioner certified he earned $35,000 as net annual income in 2019. (AR 44, 65, 98.) Based on that report, the Employment Development Department (EDD) awarded Petitioner a weekly benefit amount of $337, rather than the ba...
2023.01.27 Motion for New Trial 865
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.27
Excerpt: ...heris), oppose the motion. The motion is denied. K&R's request for judicial notice of Exhibits A through H is granted. RELEVANT PROCEDURAL HISTORY The procedural history of this case extends almost a decade. This court has presided over the case nearly since its inception.[1] The court notes the Court of Appeal opinion in Khorshidi, et al. v. Javaheri, et al., Court of Appeal Case No. B285132 contains a fulsome recitation of the relevant history ...
2023.01.27 Motion for Attorney Fees 295
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.27
Excerpt: ...ically, section 7923.115 provides: “If the requester prevails in litigation filed pursuant to this chapter, the court shall award court costs and reasonable attorney's fees to the requester.” To determine whether a petitioner in has prevailed in a CPRA proceeding, courts have found a petitioner “prevails” when a public record is disclosed only because the plaintiff filed an enforcement action. (Los Angeles Times v. Alameda Corridor Transp...
2023.01.27 Demurrer, Motion to Strike 841
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.27
Excerpt: ...he City did not file a reply. The demurrer is sustained as to Petitioner's Code of Civil Procedure section 1085 claim. The motion to strike is denied. Petitioner's request for judicial notice is denied. Neither the memorandum from the City Administrative Officer nor the claim for damages are judicially noticeable. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the plead...
2023.01.25 Petition for Writ of Mandate 836
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.25
Excerpt: ...ative record. The Petition is DENIED. STATEMENT OF THE CASE On or about May 10, 2019, the DMV issued Petitioner a formal warning letter about a consumer complaint it had received. (AR 81-82.) On July 9, 2019, Petitioner sold a Porsche to a customer and accepted a trade-in of that customer's 2015 BMW I8. (AR 195-196.) The trade-in vehicle had an outstanding loan balance due of $75,180. (AR 84.) Petitioner did not discharge the outstanding loan bal...
2023.01.13 Motion to Augment, to Stay 597
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.13
Excerpt: ...this matter. The District opposes the motion. The motion to augment is denied. The motion to stay is continued to January 25, 2023 at 9:30 a.m. STANDARD OF REVIEW Motion to Augment: Augmentation of the administrative record is strictly controlled by Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (Bressman) (1997) 55 Cal.App.4th 93, 101.) Code of Civil Procedure section 1094.5, sub...
2023.01.13 Motion for Relief to File Late Claim 432
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.13
Excerpt: ... DENIED. APPLICABLE LAW 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...
2023.01.11 Petition for Writ of Mandate 138
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.11
Excerpt: .... Petitioner, Western States Petroleum Association, challenges the Regulation. Petitioner contends CARB failed to comply with the California Environmental Quality Act (CEQA), Public Resources Code section 21000, et seq., as well as other provisions of law—including the Administrative Procedures Act (APA), Government Code section 11340, et seq.—when it adopted the Regulation. Petitioner seeks an order pursuant to Public Resources Code section ...
2023.01.06 Demurrer, Motion to Strike, to Stay Proceedings 308
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.06
Excerpt: ...r injunctive relief (petition). Respondent, County of Los Angeles, demurs to and moves to strike various allegations in the petition. Petitioner opposes the motions. The demurrer is sustained in part and overruled in part. The motion to strike is granted in part and denied in part. The court stays these proceedings on the third cause of action, a declaratory relief claim, pending resolution of petitioner's writ claim. (The third cause of action w...
2023.01.06 Motion for Appointment of Receiver 295
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2023.01.06
Excerpt: ...real property located at 350 S. Los Angeles Street in downtown Los Angeles (the Property) currently managed by Defendants, Saeed Farkhondehpour, Downtown Acquisition Group (DAG) and Investment Consultants LLC (IC). The complaint alleges claims for breach of contract, breach of fiduciary duty, fraud, improper disposition of property, specific performance and accounting. A jury trial for this action is scheduled to commence on March 20, 2023. Throu...
2022.12.14 Motion to Seal 546
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.12.14
Excerpt: ... the declaration conditionally under seal on August 18, 2022. Defendant moves to seal material revealing its “core metrics, as well as financials,” sent to Plaintiff (through Lawrence Genalo) by email on February 15, 2022. (Pomplun Reply Dec., Ex. 4.) The attachment to the email reveals Defendant's “financial information, including profits and losses.” (Landes Decl., ¶ 3.) The material has been redacted from the version of the declaratio...
2022.12.14 Application for Writ of Possession 425
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.12.14
Excerpt: ...ten financing agreement whereby Plaintiff financed Defendants' purchase of a 2010 Keyston III Country 333DB Trailer, Vehicle Identification Number 4YDF33321AA740018 (Vehicle). Plaintiff alleges Defendants defaulted on the contract and owe an unpaid principal balance of $24,573.38. Plaintiff alleges Defendants have possession of the Vehicle. Plaintiff seeks a writ of possession for the Vehicle. On July 6, 2022, the court entered a default against ...
2022.12.07 Petition for Writ of Mandate 995
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.12.07
Excerpt: ...rial task of issuing a building permit for the” project, a single‐family residence at 1193 Loma Linda Drive (the Project).[1] (First Amended Petition [petition], Prayer.) The City opposes the petition. The petition is denied. The City's unopposed request for judicial notice (RJN) of Exhibits A through D is granted. (Evid. Code, § 452, subds. (b).) Petitioner's objections to the Declaration of Ryan Gohlich are overruled except objection 1 is ...
2022.12.07 Motion for Preliminary Injunction 067
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.12.07
Excerpt: ...ting, discarding, destroying and/or damaging the remainder of 1,700,000 boxes of Sri Trang Nitrile Gloves (Gloves) owned by Plaintiff. Plaintiff caused Defendants to be personally served with the summons, complaint, order to show cause and other relevant documents on November 18, 2022. Defendants filed no opposition. The motion is GRANTED. LEGAL STANDARD The standards governing a preliminary injunction are well known. “[A] court will deny a pre...
2022.11.30 Motion for Attorney Fees 445
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.30
Excerpt: ...rowers, Inc. (Flower Growers) for its proposed flower market development project (Flower Market Project). Petitioner sought an order requiring the City to “vacate and withdraw the certification of the EIR and all Project Entitlements . . . .” (Pet., Prayer ¶ A.) Petitioner asserted the City violated the California Environmental Quality Act (CEQA)(Pub. Resources Code §§ 21000 et seq.) when it approved the EIR. The court granted the petition...
2022.11.30 Demurrer 254
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.30
Excerpt: ...nty's request for judicial notice (RJN) of Exhibits A through E is granted. The County's RJN of the “ERCOM's oral decision dismissing in part the Charge” is also granted. ALLEGATIONS IN THE AMENDED PETITION On August 4, 2021, the County's Board of Supervisors (Board) ratified an executive order establishing the County's policy requiring all County employees be vaccinated against COVID-19 or secure an exemption to vaccination (the Policy). (FA...
2022.11.30 Demurrer 226
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.30
Excerpt: ...each of contract. Petitioner's breach of contract claim is stayed until reassignment to an independent calendar court. The County's request for judicial notice (RJN) of Exhibits A through E is granted. The County's RJN of the “ERCOM's oral decision dismissing in part the Charge” is also granted. RELEVANT ALLEGATIONS IN THE AMENDED PETITION Since 1951, Petitioner and the County have been signatories to various memoranda of understanding (MOUs)...
2022.11.30 Application for Writ of Attachment 106
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.30
Excerpt: ...as failed to meet its burden of demonstrating any arbitration “award to which [Plaintiff] may be entitled may be rendered ineffectual without provisional relief” as required by Code of Civil Procedure section 1281.8. Petitioner's request for judicial notice (RJN) of Exhibits 1 through 3 is granted. (Evid. Code § 452, sub. (d).) Defendant's three objections to the Declaration of Michael Sitrick are all overruled. Defendant's single objection ...
2022.11.16 Petition for Writ of Administrative Mandamus 013
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.16
Excerpt: ... relevant times, Petitioner, Jane Roe 1 and Jane Roe 2 were students at USC. Underlying Incidents: Petitioner and Roe 2 were both enrolled in a law, politics and public policy class. (AR 156.) On March 13, 2018, Roe 2 went to Doe's residence, and they began studying in Petitioner's room. (AR 1338, 2277.) Eventually, Petitioner and Roe 2 started kissing. (AR 1338, 2277.) Petitioner and Roe 2 dispute the events that followed. Roe 2 told law enforce...
2022.11.16 OSC Re Pseudonym 508
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.16
Excerpt: ...n this litigation. The court continued the matter “to submit additional evidence in support of his claim . . . .” (Ruling on Submitted Matter, July 12, 2022.) After the court's prior attempt to obtain evidence from Doe 2 to support his desire to litigate this matter with a fictitious name, the court continued the Order to Show Cause (OSC) hearing concerning Doe 2's fictitious name status. Doe 2 filed a response (his declaration) to the court'...
2022.11.04 Demurrer 202
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.04
Excerpt: ...n. (On July 6, 2022, the court stayed the proceedings as to causes of action 2, 3 and 4. The demurrer as to those causes of action may be reset upon reassignment to an individual calendar court at the conclusion of the proceedings on the first cause of action.) The District's unopposed request for judicial notice of Exhibit 1 is granted.[1] (Evid. Code, § 452, subd. (h).[2]) STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and ...
2022.11.04 Demurrer 836
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.04
Excerpt: ...ibit A is granted. (Evid. Code § 452, subd. (c), and (d).) ALLEGATIONS IN THE PETITION Petitioner alleges he sat for the California State Bar exam in 2010 and 2013 and received a “passing score” of 1398 on each examination.[1] (Pet. 2:2-4) Despite his passing score, however, Respondent California State Bar wrongly and arbitrarily refused to admit or even consider his score of 1398 “even after the California Supreme Court changed scoring me...
2022.11.04 Petition for Writ of Mandate 499
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.11.04
Excerpt: ...ge requested the City vacate 49,5000 square feet of public streets and alleyways between 84th Street and Manchester Avenue (Project). Petitioner also seeks an order compelling the City to conduct a “full public hearing under the law” concerning the Project. (Reply 2:20.) The City, Bridge and Real Party in Interest, Los Angeles County Development Authority (LACDA) (collectively Respondents) jointly oppose the petition. Respondents' objection t...
2022.10.28 Motion to Quash Subpoena, for Protective Order 432
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.28
Excerpt: ...uant to sections 2019.030, subdivisions (a) and (b), and 2031.060, subdivision (b)(1) for a protective order: 1) prohibiting Petitioner from engaging in any further discovery in this proceeding; 2) prohibiting Petitioner from seeking or submitting to the court as evidence any documents other those in the certified administrative record or permitted pursuant to a motion to augment that record; and 3) placing any other restrictions on discovery the...
2022.10.28 Motion to Appoint Receiver, for Issuance of Preliminary Injunction 857
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.28
Excerpt: ... contend they own the medical spas. The medical spas are known as the Sev Laser Aesthetics clinics, located in the in the cities of La Jolla, Rancho Cucamonga, Hermosa Beach, San Jose/Los Gatos, San Francisco, Irvine, Orange County, Sherman Oaks, Walnut Creek (collectively Clinics) and preliminary injunction that allows Plaintiff to “resume his practice of the clinics.” (Ex Parte Application and Proposed Order.) (It appears Plaintiffs modifie...
2022.10.26 Petition for Writ of Administrative Mandate 008
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.26
Excerpt: ...petition. The petition is denied. Petitioner's request for attorney's fees is also denied. STATEMENT OF THE CASE Background: On March 22, 2006, Petitioner obtained a California physician's and surgeon's license. (AR 1, 141.) Thereafter, in 2007, Petitioner obtained a license to practice medicine in the state of Illinois. (AR 15.) On February 16, 2016, the Illinois Department of Financial and Professional Regulation (Illinois Department) [1] filed...
2022.10.26 Motion to Dismiss, Demurrer 429
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.26
Excerpt: ...ss the second amended petition (SAP) filed by Petitioners, Children's Health Defense and Protection of the Educational Rights of Kids, as moot consistent with Code of Civil Procedure section 581, subdivision (m) and the court's inherent authority to dismiss a proceeding. Petitioners oppose the motion. The motion to dismiss is granted. For this reason, LAUSD's demurrer to Petitioners' second amended petition is deemed moot. LAUSD's request for jud...
2022.10.21 Petition for Writ of Mandate 664
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.21
Excerpt: ...e Commissioner of the State of California, and the California Department of Insurance (CDI) (jointly, Respondents), to produce documents under the CPRA. Alternatively, Petitioner requests the court conduct an in‐camera review of the 96 withheld records as well as six redactions made to public records. Respondents oppose the petition. The Petition is denied. Petitioner's request for judicial notice (RJN) is granted as to Exhibits 1 and 15 only. ...
2022.10.21 Motion for Leave to Amend, to Augment 030
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.21
Excerpt: ...al Rapid Transit Technologies LLC (ARTT), oppose the motion. The motion for leave to amend is granted in part. Petitioner also moves to augment the administrative record. Respondents oppose the motion. The motion is granted in part. BRIEF SUMMARY OF ALLEGATIONS On April 25, 2018, ARTT submitted an unsolicited gondola project proposal to Metro for review and evaluation by Metro's Office of Extraordinary Innovation (OEI) pursuant to Metro's Unsolic...
2022.10.21 Demurrer 432
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.21
Excerpt: ... Louie and Deborah Kotani, also separately demur to the first amended petition. Louie and Kotani's demurrer is unopposed. Both demurrers are sustained. 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 allegat...
2022.10.21 Application for Writ of Attachment 595
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.21
Excerpt: ...and $5,000 in estimated attorney's fees. On February 21, 2020, Defendant moved the court to release the attachment by offering to file an undertaking in the sum of $508,600.10 in lieu of the attachment. The court granted the request and ordered the attachment released upon the filing of the undertaking. Plaintiff now seeks a writ of attachment in an additional amount of $172,750 for attorney fees. The application is granted. The court need not ru...
2022.10.19 Petition to File Late Claim 803
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.19
Excerpt: ... 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.) Section 946.6 is the ultimate judicial backstop of the claim pre...
2022.10.19 Motion for Preliminary Injunction 817
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.19
Excerpt: ...eding on Plaintiff's real property located at 8951 Appian Way in Los Angeles (Property). Defendants oppose the motion. Plaintiff did not file a reply. The motion 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 a...
2022.10.19 Demurrer 932
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2022.10.19
Excerpt: ...demurrer is overruled. Authentication of Judicially Noticeable Documents: As a preliminary matter, Petitioner raises an authentication objection in response to Respondents' request for judicial notice. Petitioner argues the Declaration of Winston P. Stromberg—attorney at the firm of Latham & Watkins LLP and counsel of record for Real Party—is inadequate to authenticate these records. (Stromberg Decl., ¶ 1.) Stromberg attests that each docume...

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