Excerpt: ... of the administrative record is strictly controlled by statutory guidelines set forth in 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.) Governing augmentation, Code of Civil Procedure section 1094.5, subdivision (e) provides: "Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not h...

Excerpt: ...r filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) 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 Cade section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall...

Excerpt: ...terminate the Automatic Suspension of his medical and surgeon license. The petition also requests an order enjoining Respondent from "re-implementing the Automatic Suspension unless new and subsequent facts warrant such." (Pet. , Prayer 1-2.) Respondent opposes the petition. The petition is denied as moot. STATEMENT OF THE CASE[2 On May 21, 2021, Petitioner was convicted of conspiracy to commit honest services mail and wire fraud, in violation of...

Excerpt: ...ANDARD OF REVIEW Courts may, upon a motion, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., 5 436, subd. (a).) Courts may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (ld., subd. The grounds for mov-ng to strike must appear on the face of the pleading or by way of judicial notice. (ld., 5 437.) ANALYSIS...

Excerpt: ...Petitioners' opening brief for writ of mandate and complaint, certain paragraphs in the Declaration of Susan K. Thompson filed in support of Petitioners' opening brief for writ of mandate and the exhibits to the Declaration of Peter Hsiao in support of Petitioners opposition to Respondents' motion for summary judgment. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, ...

Excerpt: ...t 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 ...

Excerpt: ...t set aside Respondent's "decision of April 2021 in which it refused to overturn the Stewards' Decision per Business and Professions Code section 19517, thus making the refusal arbitrary and capricious under Code of Civil Procedure section 1085." (Opening Brief 2:9-11.) "This Court is also asked to enter and order the mandatory disqualification and forfeiture required under Rule 1859.5 without remand to CHRB." (Opening Brief 2:12-13.) At the cent...

Excerpt: ...t. The court granted Petitioner's request. The petition for relief from the claim presentation requirement is GRANTED. 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 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 ...

Excerpt: ...al Quality Act (Pub. Resources Code, 5 21000 et seq.). Petitioners sought a court order requiring the completion of an environmental impact report (EIR) for the project. The City approved the project with a mitigated negative declaration (MND). Respondent, the City of Long Beach, and Real Parties Artesia Acquisition Company, InSite Property Group, Paul Brown and the Jeanne Eve McDonald Revocable Trust (collectively, Respondents), opposed the peti...

Excerpt: ...ely 12:50 a.m., San Bernardino County Sheriff's deputies were dispatched to the Jack-in-the-Box restaurant at 11767 Foothill Boulevard. The sheriffs department had received Ma report of a driver asleep in a white Range Rover in the [restaurant's] drive thru." (AR 19.) "Deputy G Jasso arrived at the scene at approximately 0057 hours and found a white Land Rover SUV (8JBT959) stopped at the entrance of the drive thru." (AR 19) Petitioner was asleep...

Excerpt: ...who wishes to work remotely. Respondent, Los Angeles unified School District, demurs to the second amended petition (SAP). Respondent also moves to strike allegations supporting a claim[l] for punitive damages and a prayer for attorney fees. Petitioner opposes the demurrer with a late filed opposition. The court nonetheless considers it. Petitioner has not opposed Respondent's motion to strike. The demurrer is overruled as to the first and third ...

Excerpt: ...r is overruled in part—as to the first and second causes of action to enforce corporate record inspection rights. [2] The court stays the remaining civil causes of action and does not hear the demurrer to the third, fourth, fifth, sixth, seventh and eighth causes of action. After the court addresses the first and second causes of action, this matter will be transferred to Department 1 for reassignment to an independent calendar court. Upon reas...

Excerpt: ... The motion is pending before this court for hearing today. In conjunction with the motion for summary judgment, Respondents filed a motion to seal certain exhibits they submitted to the court for consideration. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, LLC; ACDF, LLC; Granville Farms, LLC; Sommerville Farms, LLC; Tuscan Farms, LLC; Waterford Farms, LLC; Cantua...

Excerpt: ...ice is proper. (See Minute Order of December 2, 2022.) The petition for relief from the claim presentation requirement is GRANTED. APPLICABLE LAW 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 ...

Excerpt: ...tion to Compel Discovery filed February 23, 2023 (the Discovery Order). They also seek other orders including an order directing Real Party in Interest, Clothilde V. Hewlett as Commissioner of the Department of Finance Protection and Innovation for the State of California (the Department), “to accept the surrender of the Investment Adviser Certificate” of Petitioner Atlas Capital Management, Inc. and dismiss the Department's action now pendin...

Excerpt: ...he real property development project proposed by Real Party In Interest, Williams Homes, Inc. Real Party now moves for judgment on the pleadings. The motion is granted without leave to amend. Real Party's request for judicial notice (RJN) of Exhibits A through D is granted. (Evid. Code, § 452, subd. (c), (d).) ALLEGATIONS IN THE PETITION Real Party is the developer of the Canyon View Estates (the Project). The Project is sited on 94.38 acres of ...

Excerpt: ...ent interest (pursuant to Civil Code section 3287, subdivision (a)) and estimated costs of $15,000 as to each Defendant. AFN and OTR oppose the applications and jointly filed an opposition. The applications are granted as prayed. Defendants' objections to the Declaration of Sandra Khalili: Objections 2 and 3 are overruled. Objection 1 is sustained in part (as to “and her October 17, 2022 email response to me”).[1] Defendants' objections to th...

Excerpt: ...on. "Ifthe defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order." (Code Civ. Proc„ 5 484.090, subd. The court finds notice is proper.[l] (See Proof of Service filed January 11, 2023.) The application is 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...

Excerpt: ...is DENIED. The court makes no finding whether Petitioner timely presented his claim to the City. (See Rodriguez v. County of Los Angeles (1985) 171 cal.App.3d 171, 175.) APPLICABLE LAW Government Cade 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 ...

Excerpt: ... elisor, to have Medallion Lot 29 transferred to" them. (Application 1:24-25.) Plaintiffs originally made their request as an exparte application on January 13, 2023. The court set the matter for a noticed hearing—on well more than statutory time—as requested by Defendants Saeed Farkhondehpour and others. Plaintiffs advised the court on February 27, 2023 (through a Reply Brien that they had not been served with any opposition. In addition, Pl...

Excerpt: ...n. The court granted the petition finding USC's administrative hearing process deprived Petitioner ofa fair hearing. Petitioner now seeks attornevs fees of $56,511.19 plus a 2.0 multiplier for a total attorney's fee award of $113,022.38. Petitioner seeks the award pursuant to Code of Civil Procedure section 1021.5 (Section 1021.5). USC opposes the motion. The motion is denied. APPLICABLE LAW Section 1021.5 authorizes an award of attornevs fees in...

Excerpt: ...date and complaint for declaratory and injunctive relief, Petitioner, Fix the City, lnc„ challenged the City's action and sought an order requiring the City to set aside its approvals of the project. On May 24, 2022, this court granted Petitioner relief in its Order Granting Petition for Writ of Mandate and ordered a judgment be prepared. The court has not yet entered judgment. On August 23, 2022, the court granted the CitVs motion for reconsid...

Excerpt: ...o requests an order awarding it the contract. Respondent demurrers to the petition. Petitioner opposes the demurrer. The demurrer is overruled. Petitioner's unopposed request for judicial notice (RJN) of Exhibit 1 is granted. (Evid. Code, 5 452, subd. (c).) ALLEGATIONS IN THE PLEADING: Petitioner alleges Respondent's Internal Services Division (ISD) solicited bids for a brand specific janitorial paper supplies contract (the Contract) through a re...

Excerpt: ...etition. The Petition is GRANTED. Petitioner's unopposed request for judicial notice (RJN) of Exhibits A and B is granted. APPLICABLE STATUTORY SCHEME Governing Law "In 1973, the Legislature enacted the IHSS program to enable aged, blind or disabled poor persons to avoid institutionalization by remaining in their homes with proper supportive services. [Citation.]" (Basden v. Wagner (2010) 181 cal.App.4th 929, 933; Marshall v. McMahon (1993) 17 ca...

Excerpt: ...ropriate. It is unclear how the court can determine Ms. Harwell is representing the County in this matter. The petition for relief from the claim presentation requirement is DENIED. 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 person ... shall be presented ... not later than six months after the accrual of the cause of action." (Emphasis added.) ...