Excerpt: ...” issued on or about March 30, 2021 (the 2021 Memorandum); and (2) restore the Mulholland Design Review Board's jurisdiction to that required by the Specific Plan text adopted by the Los Angeles City Council in May 13, 1992. Respondent, City of Los Angeles,[1] opposes the petition. The City's request for judicial notice (RJN) is granted. The Petition is GRANTED. STATEMENT OF THE CASE Mulholland Scenic Parkway Specific Plan On May 13, 1992, the ...

Excerpt: ... 2022, the court conducted a lengthy hearing and discussed its rationale for granting the protective order. Today's motion has not changed the court's view of the facts and the applicable law. Petitioner is not entitled to take the deposition of Brodnik. The court acknowledges Petitioner is before the court pursuant to Code of Civil Procedure sections 1094.5 and 1085. Despite Petitioner's claim it is entitled to relief under Code of Civil Procedu...

Excerpt: ...ndate and Complaint for Fraud (SAP) on May 2, 2022, after the court sustained the demurrer of Real Party in Interest and Defendant, Raising Cane's Restaurants, LLC (Real Party) to Petitioner's First Amended Petition. Petitioner brings its SAP pursuant to Code of Civil Procedure section 1085, and challenges Respondent City of Burbank's issuance of a Certificate of Occupancy (COO) for a fast-food restaurant, called Raising Cane's, in Burbank, Calif...

Excerpt: ...s for writ of attachment against Defendant APBZ in the amount of $167,144.86 which includes $100.00 in costs and $3,000.00 in attorney fees. Defendant APBZ opposes. The application is GRANTED. Plaintiff's evidentiary objections are overruled except as to paragraph 8 and 9 which are sustained. In addition, the court sustains in part the objection to paragraph 12 as to “in saleable condition” only. LEGAL STANDARD The court shall issue a right t...

Excerpt: ...rit of attachment specifically as it relates to the attachment against the real property located at 701 Dos Rios Street in Sacramento, California (the Property). Plaintiff [1] opposes. Defendant filed its reply brief on August 1, 2022 at 8:24 p.m. Code of Civil Procedure section 1005, subdivision (b) requires that reply papers be served and filed “at least five court days before the hearing.” Pursuant to the code, Defendant's reply papers wer...

Excerpt: ...1) breach of promissory note (Richwood); (2) breach of commercial guaranty (Wu); (3) money lent (both Defendants); (4) account stated (both Defendants); (5) fair valuation (both Defendants); (6) claim and delivery (both Defendants); (7) conversion (both Defendants); (8) appointment of a receiver (Richwood); and (9) injunctive relief (both Defendants). Plaintiff seeks a writ of attachment in the amount of $682,516.06 against Wu. Plaintiff caused t...

Excerpt: ... of good faith and fair dealing. On June 15, 2022, Defendant filed its cross-complaint against Plaintiff and David Oberg. The cross- complaint alleges five causes of action: (1) professional negligence; (2) breach of fiduciary duty; (3) conversion; (4) violation of California Business & Professions Code section 17200; and (5) declaratory relief. Plaintiff applies for writ of attachment in the amount of $830,817. Defendant opposes the application....

Excerpt: ...2-014 with respect to COVID-19 testing during the pendency of this lawsuit; and (2) requiring health plans under [Health and Safety Code section 1342.2,] subdivision (d) to make payments to capitated providers for pre-2022 COVID-19 testing by July 1, 2022 or during the pendency of this action.” (Notice 2.) Respondents, Mary Watanabe, in her official capacity as Director of the DMHC, the DMHC, and Rob Bonta, in his official capacity as the Attor...

Excerpt: ...application indicated his “business, employment, or self-employment was interrupted as a direct result of COVID-19 on 12/31/2019,” a date “prior to when the COVID-19 public health emergency was declared by the Secretary of Health and Human Services on January 27, 2020.” (AR 2.) Petitioner seeks to set aside the decision of Respondent, California Unemployment Insurance Appeals Board (CUIAB), affirming the EDD's decision. Petitioner also re...

Excerpt: ... Process Under the California Constitution 3. Writ of Traditional Mandamus; and 4. Injunction Plaintiff's prayer is straightforward—for “[i]njunctive relief to process [Plaintiff's] pending hospice additional location applications in the ordinary course.” (Complaint, Prayer.) Plaintiff now seeks a preliminary injunction requiring Defendant to: (1) resume consideration of Plaintiff's applications for licensure of additional hospice locations...

Excerpt: ... (CDCR), opposes the motion. The motion is denied. Petitioner had until April 12, 2022 to file his motion. Absent an agreement between the parties otherwise or a subsequent verified supplemental response from the CDCR, the court has no authority to permit Petitioner to file a motion beyond April 12, 2022. ALLEGATIONS IN THE PETITION Petitioner alleges the CDCR engages in unlawful discrimination against individuals with criminal records who are ap...

Excerpt: ...(1) claim and delivery of personal property; and (2) money due on a contract. The court entered default against Defendant on June 6, 2022. Plaintiff applies for writ of possession of the motor vehicle that is the subject of the financing contract. The Application for Writ of Possession is GRANTED upon Plaintiff's posting of an undertaking. LEGAL STANDARD “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursua...

Excerpt: ...application and to grant the application. The City denied Petitioner's license based on the recommendation of the Glendale Police Department (GPD). GPD advised the City it responded to many calls for service at the address related to individuals creating noise nuisances, excessive noise, littering and violations of City regulations. Petitioner now moves to compel further responses to his request for production of documents (RFP), Set Two, Nos. 1-...

Excerpt: ...il wage and penalty assessment issued by Real Party in Interest, the Division of Labor Standards Enforcement (DLSE). The DLSE opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Statutory Framework: Public Works Projects and Employees California has prevailing wage laws to benefit and protect employees on public works projects. (State Building & Construction Trades Council of California v. Duncan (2008) 162 Cal.App.4th 289, 295.) ...

Excerpt: ...e, staying the revocation and placing him on probation for five years subject to certain terms and conditions. The matter arises from Petitioner's emergency psychological evaluation the mental health of two minor twin boys in alleged violation of the standard of care and applicable laws. [1] Respondent opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE The underlying allegations arise in the context of a highly conflicted family ...

Excerpt: ... 2021, the court set this matter for trial on this date. At that time, the court ordered that Petitioner's opening brief be filed no later than 60 calendar days prior to the hearing. The court also ordered the administrative record be lodged with the court 15 days prior to the hearing. The court ordered Petitioner to give notice of the court's orders. On November 16, 2021, Petitioner's then counsel filed a motion to be relieved as counsel for Pet...

Excerpt: ...led his cross-complaint against Plaintiff. The action was contentious with multiple disputes arising concerning the day-to-day management and sale of the real properties. On January 13, 2021, the court appointed a receiver to sell the real properties and manage them until sale. While the receiver assisted the court and the parties significantly, disputes between the parties nonetheless continued. Defendant/Cross-Complainant Rohbani now moves for ...

Excerpt: ...to which it may be entitled in this action. Plaintiff has submitted nothing additional for the court's consideration. Therefore, the court reissues the tentative decision it issued for the hearing on May 13, 2022. The court also notes Plaintiff's notice for the continued hearing is improper. Plaintiff noticed the wrong courthouse and did not include any Department number. As notice was proper for the last hearing, the court finds the decision tod...

Excerpt: ...22) 74 Cal.App.5th 154 [Tran]. Tran undermined this court's decision in this matter as to one issue— whether the County's Board of Supervisors must render a decision as an appeal body (i.e., adopt written findings and a decision) within 30 days of the close of an appeal hearing. Tran specified the Board of Supervisors must do so, and when it does, the decision appealed from is affirmed. As this court had decided otherwise in this matter, on Jan...

Excerpt: ...notice of motion to strike or to tax costs must be served and filed 15 days after service of the costs memorandum.” (Cal. Rules of Court, rule 3.1700, subd. (b)(1).) “If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” (Ibid.) “If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (Ibid.) C...

Excerpt: ...rtheast side of the driveway, breaking any part of the driveway's concrete surface, inhibiting access to Plaintiff's property and/or erecting any barrier on the driveway. Defendant opposes Plaintiffs' request. Defendant contends Plaintiffs are not entitled to a preliminary injunction based on the circumstances. Plaintiffs' request is granted in part. FACTUAL BACKGROUND Plaintiffs own the real property at 1830-1832 Echo Park Avenue. Plaintiffs' pr...

Excerpt: ...COLLISION CENTER Plaintiff, American Credit Acceptance, LLC, seeks writs of possession against Defendants, [1] Lindsey P. Johnson aka Lindsey Johnson; [2] Reginal D. King aka Reginal King, individually and dba Trust Auto Collision Center; and [3] Trust Auto Collision Center, Inc. (Trust Auto) to obtain possession of a 2016 Chevrolet Impala (VIN Number 2G1145S32G9117813) (the Vehicle). [1] The court entered Defendants' defaults on March 24, 2022. ...

Excerpt: ... of possession is granted upon Plaintiff posting an undertaking in the amount of $5,001. 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...

Excerpt: ...tion. The application for writ 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 u...

Excerpt: ...action against Defendants, D&C Global, Inc., Cajun Buggies, LLC, and Wang. Defendant D&C Global has defaulted on a promissory note and commercial card agreement. Defendant Wang guaranteed D&C Global's payment obligations and performance under the loan agreements. Despite a demand, Defendant Wang has failed to honor his guaranty obligations. Defendant Cajun Buggies, LLC has defaulted on a promissory note. Defendant Wang guaranteed Cajun Buggies' p...