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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...