Excerpt: ...only under exceptional circumstances” and with the approval of the “Chancellor of the campus to which a dismissed student has applied.” (AR 286.) Respondent opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Petitioner began attending the dental school at the University of California at Los Angeles (UCLA) in 20015. (AR 55.) Petitioner planned to become a Doctor of Dental Surgery candidate in 2019. (AR 55.) On May 8, 2018, t...

Excerpt: ... Deposition of the Person(s) Most Qualified at the California Department of Insurance, and Request for Production of Documents (the Notice) served on CDI on October 13, 2020. The Notice seeks deposition testimony from CDI on 6 topics. Petitioner opposes the motion. Petitioner's request for judicial notice filed May 10, 2021 is denied as irrelevant. This motion originally came on for hearing on February 5, 2021. After taking the matter under submi...

Excerpt: ... not consider the County's untimely opposition. For clarity, the only evidence before the court to support the petition is the Declaration of Shaun Bauman. Petitioner submitted no other evidence. The Petition is 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 ac...

Excerpt: ...as to the Board's disciplinary decision based on Petitioner's “employee's issuance of numerous unauthorized and illegal prescriptions of controlled substances . . . .” (AR 17.) [The court concludes herein the Board's various liability theory to support Petitioner's discipline is unsupported in the law. The Board's decision to reprove Petitioner is based on two issues: (1) Petitioner's “employee's issuance of numerous unauthorized and illega...

Excerpt: ...es the petition. In this action, Petitioner seeks an order compelling Respondent to vacate its decision of November 1, 2019 (the Decision) affirming a $44,499.06 assessment issued by DLSE. Petitioner claims: “This is a classic example of the due process abuse that can occur when an enforcing agency is the same agency that decides whether its enforcement activities are proper and justified. Here, [Respondent] flaunts its bias and abuse by provid...

Excerpt: ...and a related temporary restraining order (TRO) prohibiting Defendants from (i) transferring any interest in the Inventory Property by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it, (ii) concealing or otherwise removing the Inventory Property in such a manner as to make it less available to seizure by the levying officer, and (iii) impairing the value of the Inventory Property by acts of destruction or by...

Excerpt: ...A opposes the petition. The Petition is GRANTED in part. The court finds KAFLA has complied with its obligation to produce meeting minutes and is unable to provide a membership list. The court finds, however, KAFLA has not sufficiently complied with its obligation to produce “accounting books and records” as required by statute. Petitioner's Evidentiary Objections: As a preliminary matter, the court has overruled all “false statement” obj...

Excerpt: ...e amount of $33,488.38 as to Defendant Lapco.)[1] The application for a writ of attachment in the amount of $434,138.17 against Defendant R1 Concepts 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 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 attachme...

Excerpt: ...stment Department (HCID) (collectively, the City), to discharge him from his position with Respondents.[1] The City demurrers to the first amended petition (FAP) alleging the FAP is time barred. Petitioner opposes the demurrer. The court has considered supplemental briefing by the parties. The demurrer is overruled. The City's request for judicial notice (RJN) and supplemental RJN are granted. (The court sincerely appreciates the extent of resear...

Excerpt: ...or costs and $2,125.48 attorney fees. The application is unopposed. The applications for writ of attachment are granted as to Defendants Kura MD and Sumaraga. The application for a writ of attachment is denied as to Defendant Hamm. 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 ...

Excerpt: ...oner's medical license for a period of ten years, with an effective date of January 22, 2020 (the Decision). Petitioner requests this court issue a writ of mandate directing the Board to set aside its Decision. He also seeks an order precluding the Board from taking any disciplinary action on Petitioner's guilty plea until he is finally convicted and judgment has been entered in the criminal case. The Board opposes the Petition. The Petition is D...

Excerpt: ...rtment), moves for the issuance of a protective order and/or to quash deposition notices served by Petitioner, Consumer Watchdog. Through the notices Petitioner seeks to depose the Department's persons most knowledgeable about certain subjects. Petitioner opposes the motion. Petitioner moves for an order compelling the Department to provide further responses to its request for production of documents and special interrogatories. The Department op...

Excerpt: ...e (RJN) of Exhibits A through C is granted. ALLEGATIONS IN THE PETITION Petitioner is an Associate Professor of English at the College. (Pet., ¶¶ 47‐48, 179.) On October 3, 2019, Professor Valerie Thomas informed Dean Robert Gaines she wanted an investigation into Petitioner's actions. (Pet., ¶ 111.) On December 4, 2019, the College's Title IX Coordinator, Sue McCarthy, informed Petitioner, two complainants, Professor Thomas and Professor Ky...

Excerpt: ... 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 adjudication of the merits.” (Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858, 866.) “The function of a preliminary injunction is the preservation of the status quo until a final determination of the merits.” (Ibid.) As the parties recognize, “Trial courts...

Excerpt: ...hip and clinical privileges for 90 days, required Petitioner to complete an approved ethics/professionalism course, and ordered payment of a $25,000 fine. (The court stayed the discipline pending a decision by this court on the petition.) UCLA opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Underlying Incident: On April 13, 2018, UCLA's obstetrics and gynecology department held a routine statistics conference. During the confe...

Excerpt: ...ence: Preliminarily, the court notes the Declaration of Zhanmei Long presents substantial foundation problems. That Long, as of September 2020, is a “director and authorized representative” of POW! does not provide a foundation for much of Long's attestations. Long's statement she has “personal knowledge of the matters set forth herein” does not alone provide a sufficient foundation for her declaration. The court notes Long did not sign t...

Excerpt: ...ting with the decedent. The Estate's request for judicial notice is granted. The Estate's evidentiary objection to the exhibits attached to the petition is granted. ANALYSIS Family Code section 7652 provides: “If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a dead person.” In his unverified[1] petition/motion, Petitioner alleges he is the eldest child of the decedent. He contends a fraud has...

Excerpt: ...e petition is denied. BRIEF STATEMENT OF THE CASE AND FACTS On December 3, 2019 at 3:14 a.m., Officer Kevyn Yamada of the San Gabriel Police Department (SGPD) conducted a traffic stop after observing a sport utility vehicle (SUV) “driving approximately 60 miles per hour (mph) in a 35 mph zone.” (Officer's Statement at 2.)[1] While following the SUV, Officer Yamada saw the SUV change lanes without signaling. (Ibid.) Petitioner was the driver o...

Excerpt: ...t application (the Concession Application) for its project and to approve the Concession Application. Alternatively, Petitioner seeks an order requiring the City to set aside its refusal to process its request for appeal of the City's decision refusal to process its Application. Petitioner's project is a proposed mixed‐use housing development at 141 South Lake Avenue in the City (the Property). The City opposes the petition. The petition is gra...

Excerpt: ...44.26 based upon a personal unsecured guaranty executed by each Defendant. Defendants oppose the applications. Plaintiff filed a reply. The applications 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 atta...

Excerpt: ... Evidentiary Objections: Objection numbers 5, 6 and 7 are sustained. The remaining objections are overruled. (Objection numbers 1, 2, 3 and 4 are overruled based on the grounds stated.) 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...

Excerpt: ... filed by Petitioner, Inglewood Unified School District. Petitioner filed an opposition. The demurrer is overruled. Respondents' request for judicial notice (RJN) is granted as to fact numbers 1 through 4 and 6 through 12 and Exhibits A, B, D, E and F. (Evid. Code § 452, subds. (c) and (h).) Respondents' RJN as to Exhibits C and G (to which Petitioner filed objections) is denied. (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 608. [“We ...

Excerpt: ...set aside its denial. Petitioner also seeks a court order requiring the City to issue the CUP and “another other regulatory license.” (Pet., Prayer ¶ 1.) The City opposes the petition. The City's request for judicial notice (RJN) is granted. The Petition is DENIED. STATEMENT OF THE CASE On December 28, 2018, the City adopted an ordinance permitting cannabis businesses in certain zones of the City. (AR 8‐16.) The ordinance permits cannabis ...

Excerpt: ...dicial foreclosure of his real property at 96 Ridge Point Drive in Los Angeles (the Property). Defendants oppose the motion. The request for a preliminary injunction is DENIED. Defendants' request for judicial notice (RJN) is granted. The court does request, however, Defendant Rushmore confirm Plaintiff's single point of contact is David Marquez as well as Mr. Marquez's contact information. Does Plaintiff's single point of contact change given th...

Excerpt: ...n is DENIED. STATEMENT OF THE CASE On August 23, 2018, Officer Koegel, an officer with the Los Angeles Police Department, was assigned to work a sobriety checkpoint at Highland Avenue and Leland Way. (AR 8‐ 10, 17.) At approximately 7:55 p.m., Officer Koegel observed Petitioner's car approach the checkpoint's screening area. (AR 8‐10, 17.) Upon interacting with Petitioner, Officer Koegel noticed that Petitioner's eyes were bloodshot and water...

Excerpt: ...a Conservation and Liquidation Office (CLO), to comply with its California Public Records Act (CPRA), Government Code section 6250 et seq., request. DEMURRER CLO demurrers to the petition. Petitioner opposes the demurrer. The demurrer is overruled in its entirety. CLO's request for judicial notice (RJN) of Exhibits A and B is granted. (Evid. Code § 452, sudb. (d).) Petitioner's RJN of Exhibits A through F is granted. (Evid. Code § 452, subd. (d...

Excerpt: ...The supplemental briefing has not altered the court's view of the resolution of the demurrer. ALLEGATIONS IN THE PETITION Petitioners seek a writ of mandate compelling Respondent to re‐instate the John/Jane Doe petitioners to their positions with the Los Angeles County Sheriff's Department (the Department). Each Doe petitioner served as a sworn peace officer with the Department, and each Doe petitioner received a letter of intent to discharge o...

Excerpt: ...ght 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 greater than zero. (Co...

Excerpt: ...$978,874. 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 which the attachment is based. 4. The amount to be ...

Excerpt: ...fe only [insurance] license” even though Petitioner passed the relevant examination and criminal background check. Petitioner explains the relief he seeks through his petition is “to reverse the denial of LIFE ONLY INSURANCE LICENSE, and grant such license to [Petitioner].” (Pet., p. 1.) The petition explains the CDI revoked Petitioner's insurance license. (Pet., p. 1.) Petitioner had only one complaint against him “that grew to others co...

Excerpt: ...ss of recognition for violations of Respondent's Student Conduct Code. The violations relate to allegations of hazing. Petitioner challenges Respondent's decision. Through its petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5, Petitioner seeks to set aside the decision. Petitioner alleges Respondent committed a prejudicial abuse of discretion because (1) Respondent's decision is not supported by the finding...

Excerpt: ...poses the petition. The Petition is DENIED. Petitioner has failed to introduce evidence to support her petition. The court cannot determine on the evidence presented Petitioner submitted a timely claim or that her failure to do so was the result of excusable neglect. APPLICABLE LAW Government Code[2] section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presen...

Excerpt: ...aims 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...

Excerpt: ...X Fitness and $873,539 as to each of the individual Cross‐Defendants. The Cross‐Defendants oppose the applications. The underlying claims arise from a landlord/tenant relationship between Thrifty and SPX Fitness and related guaranties executed by the individual Cross‐Defendants. The applications are granted. The requests for judicial notice (RJN) are granted. Evidentiary Objections: As to Thrifty's evidentiary objections to the Declaration ...

Excerpt: ...evidence before the court demonstrates the security interest in the Vehicle was assigned from the seller, Puente Hills Nissan, to Ally Bank. There is no evidence before the court Ally Bank assigned its security interest to Ally Financial, Inc. The court will consider any documentation/evidence submitted prior to the hearing to establish the link between Ally Financial, Inc. and Ally Bank. While the names of the entities are similar, the court can...

Excerpt: ...a 25% shareholder. They have refused him access to TRT's books and records, have not provided tax returns or K‐1s, have not given him annual (or any) financial reports or information and have failed and refused to provide documents or information on any annual or other meetings of TRT's shareholders or directors.” (Pet., ¶ 1.) Petitioner, Stephen Goldfield, alleges this failure by Respondents, Zachary Dugger and Kelly Dugger, to provide acce...

Excerpt: ...the originally scheduled hearing on the petition, Petitioner's counsel indicated he did not file a reply brief because he was not aware the State had opposed the petition—Petitioner's counsel stated he had not received any opposition. After some discussion between the court and counsel, it became clear Petitioner's counsel's office relocated some time ago and failed to notify the court or opposing counsel. On September 16, 2020, the court issue...

Excerpt: ... and control over Felbro. Defendants, Michael Feldmar and Daniel Feldmar, oppose the motion. Felbro also purportedly opposes the motion.[1] The application to appoint a receiver is denied. APPLICABLE LAW Appointment of a receiver is an extreme provisional remedy. The Court should grant the remedy only when facts are presented by admissible evidence that clearly establish a receiver is necessary to protect property and maintain the status quo. (Ba...

Excerpt: ...of City Planning, to produce a document the City has withheld from a CPRA request. The City opposes the petition. Petitioner's objections to the City's opposition brief are overruled in their entirety. The court does not receive arguments and statements in a brief as evidence. That is, they have no evidentiary value and are therefore not subject to objection. To the extent arguments in a brief allege factual matters, those factual matters must be...

Excerpt: ...anted. A right to attach order in the amount of $7,502,000 is granted as to both defendants. Plaintiff shall file an undertaking in the amount of $10,000 prior to any writ issuing. BACKGROUND FACTS: The underlying facts are undisputed and uncomplicated: Plaintiff entered into a settlement agreement with the Firm. In addition to other payments, the settlement agreement required the Firm to pay to Plaintiff $500,000 per month for 16 months (for a t...

Excerpt: ...esh Kamath (Kamath). The individual defendants are all former employees of Plaintiffs. Plaintiffs also seek a preliminary injunction against defendants AutoClub Group and the Automobile Club of Michigan (jointly, ACG). The individual defendants became employees of ACG immediately after leaving their employment with Plaintiffs. Plaintiffs request all defendants be enjoined from accessing, using, disclosing or deleting Plaintiffs' confidential, pro...

Excerpt: ..., LLC, Sev Laser Aesthetics‐orange County LLC, Sev Laser Aesthetics‐san Jose LLC, Sev Laser Aesthetics‐san Francisco LLC, Sev Laser Aesthetics‐hermosa Beach LLC, and Sev Laser Aesthetics‐walnut Creek LLC, (collectively, Defendants) in the amount of $11,500,000. Defendants oppose the application. The writ of attachment is denied. ANALYSIS Procedural Issues Defendants argue, “Plaintiff did not serve Defendants with any of the standard J...

Excerpt: ...son, Trustee of the Magidson Revocable Trust of 1987 (2006 Restatement) (2) Malibu‐Broad Beach S‐1, LLC; (3) Alexander Haagen III, as Managing Member of 30956 BB, LLC and BB Malibu Place LLC, (4) Michael L. Schwab and Cheryl L. Schwab, Trustees of the Schwab Community Property Trust, (5) Andrew M. Leigh and Barbara R. Leigh, Trustees of the Barbara and Andrew Leigh Family Trust, filed a motion for attorneys' fees. Defendants, Michael S. Sitri...

Excerpt: ...aring in May 2019. The Board opposes the Petition. The Petition is DENIED. STATEMENT OF THE CASE Background: On May 11, 2011, Petitioner obtained a California physician's and surgeon's license. (AR 656.) On February 27, 2015, Petitioner began working as a locum tenens physician at Orchard Hospital Medical Specialty Clinic (Orchard), in Gridley, California. (AR 3, 1310‐1311.) On April 15, 2015, Petitioner signed a three‐year Professional Servi...

Excerpt: ...st Defendants alleging causes of action for: 1. breach of contract; 2. conversion; 3. money had and received; 4. money paid by mistake; and 5. unjust enrichment. On March 25, 2016, Washi Ahmed[1] (Washi) was stabbed and killed while working at a 7- Eleven store. (Compl. ¶ 7.) Plaintiff alleges on April 15, 2020, it entered into a Compromise and Release Agreement (Agreement) with Washi's family members: surviving spouse Defendant Shelina Ahmed, s...

Excerpt: ...1700. Allegations in the Petition The Petition alleges Petitioner sent a Public Records Act (PRA) request to Respondent on May 17, 2018, seeking documents related to complaints of discrimination, harassment, retaliation, and other unlawful conduct from 2012 to 2016 against named HLPUSD Administrators. (Pet., ¶¶ 13‐14.) The request also sought documents related to the investigations of those complaints. (Pet., ¶ 14.) Petitioner alleges he rec...

Excerpt: ...; (4) violation of substantive due process; (5) declaratory relief; and (6) injunctive relief against Respondents, the City of Beverly Hills and its City Council (collectively, Respondents). On December 24, 2019, Petitioner filed a First Amended Verified Petition for Writ of Mandate and Complaint (FAP). Petitioner alleged a claim for traditional mandamus pursuant to Code of Civil Procedure section 1085 and administrative mandamus pursuant to Code...

Excerpt: ... The majority of Plaintiff's application fails because of evidentiary issues. EVIDENTIARY OBJECTIONS Defendant's 22 unnumbered evidentiary objections related to the moving papers are sustained as follows: 1: The information provided in paragraph 2 is insufficient to supply the necessary foundation for Exhibit 1. Plaintiff merely states pursuant to the attached document he is entitled to certain monies. 2: Sustained on Secondary Evidence Grounds, ...

Excerpt: ...f 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) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property clai...

Excerpt: ...ing this motion. Petitioners also seek $1,524 in costs. Respondent did not file an opposition. The motion is granted in a reduced amount. APPLICABLE LAW Under Government Code section 6259, subdivision (d), “The court shall award court costs and reasonable attorney's fees to the requester should the requester prevail in litigation filed pursuant to this section.” In determining whether a plaintiff in a California Public Records Act (CPRA) acti...

Excerpt: ...clerk to transmit a copy of the demurrer to Petitioner along with the court's written tentative decision. The court's tentative decision of December 4, 2019 is set forth below. Since December 4, 2019, the court has received no opposition to the demurrer or any correspondence. The court has received filings and correspondence from Petitioner in the past. With no written opposition, the court's tentative remains as it was on December 4, 2019. It is...

Excerpt: ...r 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) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's cl...

Excerpt: ...it 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, subd. (b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a wri...

Excerpt: ...) The demurrer is sustained with leave to amend. Respondent's request for judicial notice (RJN) of Exhibits 1‐2 is denied as these exhibits are not the matters of which the court may take judicial notice. (Evid. Code § 452.) Taking judicial notice of such documents would essentially convert this demurrer to a motion for summary judgment. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appe...

Excerpt: ...Inc. (Regency) to deliver possession of all monies received from third‐ party advertisers and any books of account reflecting the same to the receiver; and (3) injunctive relief to require the City and Regency to disclose any potential purchaser of Regency (or any of its assets) and funds from any such sale be delivered to the receiver to satisfy the alleged $7,000,000 debt owed by Regency to the City.[1] The City and Regency separately oppose ...

Excerpt: ...evailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Code Civ. Proc. § 1033.5, subd. (c)(2).) “If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their pr...