Excerpt: ...Petitioner also seeks an order awarding the balance of the Contract to Petitioner as the best value bidder for the project.[1] The County opposes the amended petition. The amended petition is denied. The County's unopposed request for judicial notice is granted. Petitioner's five evidentiary objections to the Worthge declaration are sustained. STATEMENT OF THE CASE Background: In 2012, Southern California Edison (SCE) changed its long‐standing ...

Excerpt: ...f.) The motion is denied. STANDARD OF REVIEW Augmentation of the administrative record is strictly controlled by the statutory guidelines set forth in Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 101.) The statute provides as follows: “Where the court finds that there is relevant evidence that, [1] in the exercise of reasonable diligence, could not ha...

Excerpt: ...de § 452, subd. (b), (h); Evid. Code § 451, subd. (a).) The City's reply RJN of Exhibits O through Q is granted. (Evid. Code § 452, subd. (b).) Petitioner's RJN of Exhibits A through K is granted. (Evid. Code § 452, subd. (b), (h).) PETITION ALLEGATIONS On August 27, 2007, the City granted final approval for a subdivision consisting of fifteen single family homes, known as Tract 62958, located at 10867 Topanga Canyon Boulevard in Chatsworth. ...

Excerpt: ...wned) the real property located at 301 S. Kenmore Ave in Los Angeles (the Property). Plaintiff entered into an agreement with Defendant to buy the Property. The parties' dispute arises from the sales transaction. Defendant opposes the application. The application for writ of attachment is denied based on Code of Civil Procedure section 1281.8. Evidentiary Objections Defendant's objections to Plaintiff's evidence: The following objections are over...

Excerpt: ...n numbers 2, 4, 6, 7, 8, 12, 13, 14, 15 and 17 are overruled. Objection numbers 5, 9 and 11 are sustained. The following objections are sustained in part: 1 as to “and likely sent in error,” 3 as to “receive this . . . these invoices,” 10 as to the first sentence and 16 as to all following “or to Shubha . . . .” APPLICABLE LAW The court shall issue a right to attach order if the court finds all of the following: 1. The claim upon whic...

Excerpt: ...e constitutions, abused its discretion by failing to proceed as required by law and failed to support its decision with competent evidence. (Pet., ¶ 23.) Petitioner also asserts the City violated the Government Code and its own housing element. (Pet., ¶ 24.) The City opposes the petition. The Petition is denied. The City's request for judicial notice (RJN) of Exhibits A through M is granted. (Evid. Code § 452, subd. (c).) STATEMENT OF THE CASE...

Excerpt: ...ng resolution of the petition on September 28, 2020. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE[1] Underlying Incident: On November 10, 2019, at 7:15 a.m., Petitioner caused her car to collide another car stopped at a red traffic light. (AR 17.) The driver of the car Petitioner hit got out of his car to talk to Petitioner about the accident. (AR 17.) When the driver approached Petitioner, “he noticed that [Pe...

Excerpt: ... of Carson, and Successor Agency to the Carson Redevelopment Agency (Successor Agency) (collectively, Respondents) to produce documents under the CPRA. Respondents oppose the petition. The Petition is DENIED.[1] STATEMENT OF THE CASE At issue in this action are two CPRA requests. Respondents contend they have fully complied with their obligations under the CPRA. Background: In September 2018, Petitioner, the City and the CRA entered into a series...

Excerpt: ...cted the election pursuant to the Voter's Choice Act (VCA) set forth in Elections Code[1] sections 4005 and 4007. With nearly 100,000 votes cast, the City's voters passed Measure A with a 16‐vote margin. After the election, Petitioners, Long Beach Reform Coalition and Ian Patton, initiated a vote recount of the measure pursuant to section 15620. As parties seeking a vote recount, state law required them to deposit with the County funds necessar...

Excerpt: ... The demurrer is sustained in its entirety. Respondents' unopposed request for judicial notice (RJN) of Exhibits A through C is granted. Petitioner's unopposed RJN of Exhibits 1 through 12 is granted. ALLEGATIONS IN THE SAP On November 10, 2020, at an “afternoon study session,” the City Council adopted Resolution No. 20‐R‐13319 (the Resolution) approving a General Plan Land Use Map Amendment to allow mixed use development in certain comme...

Excerpt: ...found Petitioner refused to consent to chemical testing under the implied consent law. The DMV's suspension order became effective June 12, 2020 and remained in place until June 11, 2020. The petition is denied. STATEMENT OF THE CASE Underlying Incident: On January 10, 2020, Petitioner was stopped in the number four lane on Venice Boulevard at a red traffic light. (AR 17.) At the same time, Officer McCue—who was on a motorcycle—was in a left ...

Excerpt: ...se the motion. The request for a preliminary injunction is DENIED. Defendants' request for judicial notice (RJN) of Exhibits 1 through 11 is granted. (Evid. Code § 452, subd. (c) and (h).) 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 inju...

Excerpt: ...ds.] Evidentiary Objections: Wasatch's evidentiary objections are overruled except the following objections are sustained: Objection number 7, 12, 13, 14, 21, 24 in part (as to last two sentences), 37 in part (as to the second sentence), 38, 39, 44, 46 in part (as to the second sentence), 47 in part (as to the first sentence), 48, 49, 50, 51, 74 in part (as to “refuting . . . improperly hold”) and 75 in part (as to the second sentence). Kaise...

Excerpt: ...pposes the petition. The Petition is GRANTED. Petitioner's request for judicial notice (RJN) is granted. STATEMENT OF THE CASE On December 3, 2018, at approximately 1:38 a.m., Officers Relles and Valencia entered the eastbound US‐101 freeway directly behind a black BMW sedan. (AR 6‐8, 14, 51.) According to the testimony of Officer Relles and the arrest report, Petitioner, the car's driver, accelerated at a high rate of speed onto the freeway ...

Excerpt: ... the dogs to Defendants in 2019, and despite Plaintiff's request for return of the dogs, Defendants have retained possession of them. Defendants oppose the applications. The applications are 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.” (Cod...

Excerpt: ...0 days leave to amend. KAFLA also moves for a protective order. Petitioner opposes the motion. The motion for a protective order is granted. STATEMENT OF THE CASE KAFLA is a 501(c)(3) non‐profit organization incorporated and existing under the laws of the State of California. (Jeong Decl., ¶ 3., Ex. 2; An Decl., ¶ 3.) Pursuant to Chapter 2 – Section 2 of the KAFLA Bylaws, Petitioner claims, as a resident in the County of Los Angeles, he is ...

Excerpt: ...ned. The court finds it cannot compel Respondents to “hold a hearing to ratify the action of the City Council” to approve terms of a contract. (Prayer ¶ 1.) Petitioner has not identified a ministerial duty requiring Respondents to ratify the contract. To the extent Petitioner contends the contract is invalid, this court cannot compel Respondents to cure any defects with the contract. The City's request for judicial notice (RJN) is granted. (...

Excerpt: ...evice Pilot Program. On January 28, 2020, the City established its Second Shared Mobility Device Pilot Program (Second Program) with a delayed commencement date of July 1, 2021. The City declined to issue Bird a permit to operate its e‐scooter fleet in the Second Program. In this action, Bird challenges the City's failure to issue it an operation permit. Bird now seeks a preliminary injunction enjoining the City from any act prohibiting Bird fr...

Excerpt: ...l duty of enforcing criminal laws both uniformly and adequately. Petitioner seeks to compel the Attorney General to prosecute any violations of the Penal Code related to the issues Petitioner raises. Specifically, Petitioner alleges he filed a petition for writ of habeas corpus, alleging police/prosecutor misconduct that approached the level of criminal misconduct. Petitioner caused the Attorney General's office to be served with his petition for...

Excerpt: ...to the program. Respondent opposes the petition. The Petition is GRANTED. STATEMENT OF THE CASE Petitioner has been a participant in the Section 8 program administered by Respondent since March 2013. (AR 89‐90.) In February 2015, Petitioner moved into an apartment at 4701 Rodeo Lane in Los Angeles (the Unit). (AR 49, 89). Pama Management Co. is the landlord of the Unit. (AR 49) On August 2, 2018, Respondent received an anonymous call reporting ...

Excerpt: ...t aside its January 26, 2021 decision revoking his medical license. The Board revoked Petitioner's medical license when Petitioner failed to respond to the Board's Accusation (i.e., defaulted). The Board opposes the petition. The Board's request for judicial notice (RJN) is granted. The court finds an interlocutory order remanding the matter to the Board is appropriate here. The court cannot determine on this record whether the Board committing a...

Excerpt: ...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 greate...

Excerpt: ...oration Commission (the Commission), to produce documents under the CPRA. The Commission opposes the petition. The Petition is denied. Evidentiary Objections: Petitioner's objections to the declaration of Ford are overruled except objections number 3 and 5 which are sustained. Petitioner's objections to the declaration of Wang are overruled. The Commission's objections to Petitioner's reply evidence are overruled. STATEMENT OF THE CASE The EPA's ...

Excerpt: ...yft opposes the application. The application for writ of attachment is granted as prayed. 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 th...

Excerpt: ...rit of possession is granted. 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 and include: (1) ...

Excerpt: ...ated attorney fees. As to Defendant Kim, Plaintiff has filed no application for a writ of attachment.[1] Further, the court did not set an attachment hearing for Defendant Kim on June 16, 2021 when it set the other two applications for hearing. Plaintiff also has not—according to the file in this matter— served Defendant Kim with a summons and complaint. Thus, Plaintiff is entitled to no relief against Defendant Kim. (See Code Civ. Proc. § 4...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...not show financial responsibility for damages caused by his accident. The DMV opposes the petition. The petition is denied. STATEMENT OF THE CASE Underlying Accident: On June 2, 2019, Petitioner, while driving a BMW X5 sports utility vehicle (SUV), picked up two individuals—his roommate, Betall Mendieta, and Malia Henderson—in the Altadena area. (AR 10, 53.) While Henderson was attempting to get into the SUV, Petitioner caused the SUV's left ...

Excerpt: ...rnative, T‐Mobile requests the petition's exhibits be replaced with redacted versions of the exhibits through a motion to seal. Petitioner, Parkview Consulting, LLC, opposes the motion. The motion to strike is denied. The court notes to the extent T‐Mobile's goal is to remove from public view certain information within the exhibits, a motion to strike will not achieve that goal. A motion to strike does not remove from public view allegations ...

Excerpt: ...filed by Petitioners. Petitioners oppose the demurrer. Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC) and Cal Pure (collectively, Respondents), move for a court order striking the allegedly irrelevant, immaterial and improper portions of the FAP. Petitioners oppose the motion. The parties' requests for judicial notice in support of the demurrer are granted. The demurrer is sustained with 20 days leave to amen...

Excerpt: ... 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 limitations. (§ 901.)...

Excerpt: ...ced Petitioner on probation for three years. Petitioner requests the court require the Board to impose some lesser discipline, such as a letter of public reprimand. The Board opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE In 1981, Petitioner began her nursing career in South Korea. (AR 271.) On March 17, 2008, the Board issued a RN license to Petitioner. (AR 189.) The Underlying Incident: In December 2017, Petitioner applied ...

Excerpt: ...titioner's employment as a Sergeant in the Department of Police Services on the campus of California State University at Northridge (CSUN). Petitioner requests a court order setting aside the Board's decision. He also seeks an order requiring the Trustees to remove any record of his misconduct from its records, restore his salary and benefits and return him to his position as Sergeant. CSU opposes the petition. The petition is denied. STATEMENT O...

Excerpt: ...ch for depositions. Respondent opposes the motion and also moves for a protective order. The court conducted a lengthy telephonic informal discovery conference with the parties. The parties did not reach resolution and this motion practice followed. All evidentiary objections to the Declaration of Ryan Gohlich are overruled. APPLICABLE LAW “[A]ny party may obtain discovery [through the deposition of a party or a non‐party] regarding any matte...

Excerpt: ...tion 1021.5. The City's request for judicial notice (RJN) is granted. Evidentiary Objections: Petitioner's objections to the declaration of Carrie Tai: Objection number 1 is sustained on relevance grounds. Objection number 2 is overruled. The City's objection to the Supplemental Declaration of Lake McManus is well grounded. The court did not grant leave to any party to file anything differently than what had been before Judge Chalfant. If the Cit...

Excerpt: ...ompel Respondent, the County of Los Angeles, to produce documents withheld by the Los Angeles County Sheriff's Department (LASD) responsive to its CPRA request within three months. The County opposes the petition. The Petition is granted. Based on the remaining dispute between the parties, the court grants Petitioner's request for judicial notice (RJN) as follows: Exhibits QQ, RR, SS and TT only. The County's RJN is granted in its entirety. STATE...

Excerpt: ...n denying the request for hearing and appeal of Real Party in Interest, Kathryn Thipatima. (Petition, Prayer ¶ 1.) Petitioner further seeks an order Respondent reverse its findings the DMH violated Civil Service Rule 25. (Petition, Prayer ¶ 2.) Finally, Petitioner requests this court direct Respondent to “cease taking jurisdiction over requests for medical reevaluations as such is not within the Commission's jurisdiction.” (Petition, Prayer...

Excerpt: ... file a reply. (Capital Foreclosure Services, Inc. filed a declaration of non‐monetary status.) The request for a preliminary injunction 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 amount to an adjudicatio...

Excerpt: ...City), Mary Campbell, Stacey Armato, Justin Massey, and Michael Jenkins (collectively, Respondents) demurrer to each cause of action in the Second Amended Verified Petition for Writ of Mandate and Second Amended Complaint for Injunctive and Declaratory Relief (the SAP). Respondents also demurrer to the entire SAP as to Respondent Jenkins. Petitioner opposes the demurer. Respondents' request for judicial notice is granted. The court does not, howe...

Excerpt: ...ctric Co., the City of Riverside, and the City of Anaheim (collectively, SCE),[1] for a project “that is part of the overall effort to decommission the San Onofre Nuclear Generating station (SONGS) . . . .” (AR 25.) To be clear, the challenge here is to the adequacy of the analysis used by the Coastal Commission in approving the 2019 CDP. (Reply 6:3‐4.) The issues before this court on this action are not about the wisdom of the manner in wh...

Excerpt: ...Racing Law and proper [California Horse Racing Board] regulations when dismissing [a] positive test [for a prohibited substance] and then hiding it from the public.” (Pet., ¶ 3.) The parties have competing motions before the court. Respondent moves to enforce a settlement agreement pursuant to Code of Civil Procedure section 664.6. Petitioner moves for an order reforming the settlement agreement pursuant to Civil Code section 3399. Alternative...

Excerpt: ...its. Petitioner contends, as found by the Employment Development Department (the EDD), Shaw is disqualified from receiving any benefits based on Unemployment Insurance Code section 1256. The Board opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Petitioner employed Shaw as a lead medical biller. (AR 9, 29.) Petitioner worked for Petitioner for approximate six to seven years. (AR 9, 29.) From July 16 to August 2, 2019, Shaw was ...

Excerpt: ... invalidating the Special Public Safety Tax for Fire Protection and Prevention and Police Protection (the Special Tax). Respondent, Dean Logan (the Registrar), the Los Angeles County Registrar, joins the motion. Petitioner, Andrew Ko, initiated this action to obtain an order removing the Special Tax measure from the ballot and compelling the City and the Registrar to set aside the Special Tax. The petition seeks relief against the Registrar with ...

Excerpt: ...ventory, chattel paper, accounts, equipment and general intangibles.” (Adams Decl., Ex. 1.) Defendant did not file an opposition. Plaintiff has not demonstrated service of the summons and complaint upon Defendant. Plaintiff filed a proof of substituted service. Plaintiff did not cause the summons and complaint to be mailed, however, until June 4, 2021. Code of Civil Procedure section 415.20, subdivision (a) specifies service is not “complete�...

Excerpt: ...order sealing its Respondent California Horse Racing Board's Designation Motion (Designation Motion) in its entirety, including the exhibits. Petitioner opposes the motion. The motion is granted only as to Exhibits C, D, E and F. As the court views it, nothing in the Designation Motion other than those exhibits contains potentially confidential information. Thus, the motion is granted in part. Petitioner's objections to the evidence submitted to ...

Excerpt: ...ions of Detective Hoeppner and Lieutenant Todd from the City's police department. The City also seeks an order staying all discovery pending the resolution of the underlying criminal litigation. Petitioner opposes the motion. The motion is granted in part and denied in part. The City's request to quash the deposition notices is granted; the City's request to stay all other discovery is denied. THE CIVIL DISCOVERY ACT “[A]ny party may obtain dis...

Excerpt: ...ll persons acting in concert with them or through them, including Marina Boyd, and possible renter, Trabeeonne Dedeaux, to show cause why they should not be enjoined during the pendency of these proceedings from entering the real property located at 807 East 103 rd Place in Los Angeles (the Property), including but not limited to, removing, damaging or altering the Property or any personal property, furniture, fixtures or equipment thereon, and t...

Excerpt: ...oper). The entitlements include a vesting zone change and height district change, a site plan review, a master conditional use permit for on‐site sales and consumption of alcoholic beverages as well as a vesting tentative tract map. The entitlements allow the Developer to: “demolish 40 existing rent‐stabilized residential units and construct a mixed‐use development that includes a 30‐story tower [with] up to 269[1] multifamily residenti...

Excerpt: ... the petition. Petitioner opposes the demurrer. The demurrer is sustained with 21 days leave to amend. The City's request for judicial notice (RJN) is granted. RELEVANT ALLEGATIONS IN THE PETITION Petitioner is the owner of an apartment building located at 3325 South Main Street in the City. The Restaurant is a business that owns or leases certain real property located at 3311 South Main Street (the Property). The Property is adjacent to Petition...