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...

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...

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 ...

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 ...

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...

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...

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...

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)...

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 ...

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...

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'...

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 ...

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...

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...

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...

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...

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...

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...

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. ...

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...

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...

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...

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...

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...

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...