Excerpt: ... Respondent, the California Department of Toxic Substances Control (the Department), to set aside its Final Inspection Violation Score of the Facility issued on September 25, 2020 through its petition. The Department issued Petitioner's final score using its Violation Scoring Procedure (VSP) regulations. Petitioner argues the conditions observed by the Department's inspectors do not qualify as Class 1 violations, and the Department erred when it ...

Excerpt: ...derlying the dispute between Bird and the City are set forth in the court's order of July 30, 2021. As noted therein, Bird raises three challenges to the City's decision. First, Bird claims the Second Shared Mobility Device Pilot Program (Second Program) is tainted by a conflict of interest. The conflict, according to Bird, invalidates the Second Program thereby divesting the Mobility Officer (MO) of jurisdiction to issue permits. Second, Bird co...

Excerpt: ...perators of a hazard waste treatment facility in Wilmington. The complaint alleges four causes of action against Defendants: (1) failure to comply with the terms of a hazardous waste permit; (2) failure to properly maintain a hazardous waste containment system; (3) failure to record an inspection; and (4) unlawful storage of incompatible hazardous waste. Defendants demur to the complaint's first and fourth causes of action. Defendants argue Plain...

Excerpt: ...iring Real Party in Interest, the Los Angeles County Sheriff's Department, to remove the record of misconduct charges and any reference to it from his personnel files and other Department records. Petitioner also requests an order of backpay, benefits and interest at the legal rate. The Department opposes the petition. The Petition is GRANTED. STATEMENT OF THE CASE At all relevant times, Petitioner held the position of Deputy Sheriff with the Dep...

Excerpt: ...urrer. Despite having failed to timely file a Fourth Amended Petition (FAP), Petitioner now seeks leave to do so relying on Code of Civil Procedure sections 473, subdivision (b), 475 and/or 1008. Respondents, City of Hermosa Beach, Mary Campbell, Stacey Armato, and Justin Massey (collectively, Respondents), oppose the motion. The motion is granted. ANALYSIS Petitioner moves for reconsideration of the court's November 17, 2021 order. He seeks leav...

Excerpt: ...ought this litigation against two named defendants—Stella Koletic, D.D.S., Inc. and Stella Koletic. On December 30, 2021, Plaintiff dismissed the action against the corporate defendant. Defendant opposes the application. Plaintiff's requests for judicial notice (RJN) are granted. The application is GRANTED. Plaintiff's evidentiary objections: Objections 6 and 7 are overruled. Objections 2, 4 and 5 are sustained. The following objections are sus...

Excerpt: ...1342.2, subdivision (d) (Subdivision (d)) provides: “This section shall apply retroactively beginning from the Governor's declared State of Emergency related to the SARS‐CoV‐2 (COVID‐19) pandemic on March 4, 2020.” Petitioner, California Association of Health Plans, a trade association, presents a narrow issue for this court in this phase of trial: Does Subdivision (d) violate the Ex Post Facto Clause of the California Constitution? [1]...

Excerpt: ...ID-19 vaccine; (2) requiring students without the COVID-19 vaccine to enroll in independent study; and (3) barring students without the COVID-19 vaccine from participating in extracurricular activities, including sports. (Motion 4:2-6.) LAUSD opposes the petition. The petition is DENIED.[1] Petitioner requests judicial notice of Exhibits A, F, G, H1, H2, I, J, K, M, N, Q, R, S and T to the Declaration of G.F. dated December 13, 2021; Exhibits U, ...

Excerpt: ...nial of Petitioner's request for admission number 19 (RFA 19) within Petitioners' set 2 of their requests for admissions. The City opposes the motion. As a preliminary matter, the court agrees the City's response to Form Interrogatory 17.1 is non- responsive. As argued by Petitioners, RFA 19 requests the City verify its intent. The City's response addresses how certain of its municipal code provisions comply with Government Code section 65804 but...

Excerpt: ...ted in part. The County shall provide a further response to Special Interrogatories, Set One, Number 1. The motion is otherwise denied. BACKGROUND Petitioner brought this action under the California Public Records Act (CPRA), Government Code section 6250 et seq. On May 14, 2021, through the CPRA, Petitioner requested “[a]ny agreements now in effect between the Claims Board/County of Los Angeles and private law firms acting as outside counsel fo...

Excerpt: ...os Angeles City Clerk (the Clerk), and Dean Logan, in his official capacity as Los Angeles County Registrar of Voters (the Registrar), to remove Torres' name from the June 7, 2022 primary election ballot. Torres and the City Clerk separately oppose the petition. [1] The petition is DENIED. The City Clerk's request for judicial notice (RJN) is granted except as to Exhibit 7 which is denied. Torres' RJN of Exhibits A through D is granted. APPLICABL...

Excerpt: ... Respondent opposes the motion. (Petitioner did not file a reply.) The motion is denied. BRIEF STATEMENT OF THE CASE AND FACTS: On March 9, 2020, Respondent denied Petitioner's application for renewal of approval to operate and offer educational programs for non-accredited institutions.[1] (Kosnett Decl., Ex. A.) Petitioner appealed Respondent's decision. On February 22, 2021, after a hearing, an administrative law judge (ALJ) issued his proposed...

Excerpt: ...ly as Does. The petition—based on alleged violations of the Ralph M. Brown Act and the Public Records Act—alleges Petitioners “reasonably fear that if their identity were to become public, they and/or their family members would be subject to retaliation . . . .” (Pet. ¶ 10.) At this point, Bernard & Bernard, through Shane Bernard, cannot locate Petitioners “who are only listed as Does.” (Bernard Decl., ¶ 2.) Mr. Bernard can only loc...

Excerpt: ...e court enjoin Defendants from asserting an alleged and unwarranted attorneys' fees lien which is precluding the release of any settlement funds to Plaintiff. The relief sought be Plaintiff turns on Plaintiff's claim the agreement under which Defendants were retained is unenforceable. (Reply 7:2-4.) Alternatively, Plaintiff seeks an order no more than $1 million of the settlement funds be set aside for Defendants' lien claim.[1] (Plaintiff's Supp...

Excerpt: ... order to show cause and supporting documents to be served on Defendants' counsel only. (See Code Civ. Proc. § 527, subdivision (d)(2) and (3).)] Plaintiff, Jack Brew, seeks a preliminary injunction enjoining Defendants, Liam Flood, Flood LLC, and Insilico Research LLC (collectively, Defendants), and its agents, employees and representatives from: a. Transferring any stock, membership, equity or other interest, assets, money, cryptocurrency, pro...

Excerpt: ..., Board of Civil Service Commissioners (Board), upheld Petitioner's discharge after a hearing. Through his second amended petition for writ of administrative mandamus, Petitioner seeks a court order compelling the Board to set aside its decision. The Department opposes the petition. The petition is denied. STATEMENT OF THE CASE Petitioner began his employment with the Department in 1999. (AR 2437‐2438.) Petitioner's position as Principal Inspec...

Excerpt: ...s DENIED. [The court originally issued a tentative decision and heard argument in this matter on September 29, 2021. Except as to one issue, after hearing argument from the parties, the court indicated Petitioner was not entitled to relief. During argument, the court requested the parties submit additional briefing concerning involving Education Code section 66281.8, subdivision (g)(1) [Section 66281.8]. The court requested the parties brief the ...

Excerpt: ...al Quality Act (CEQA), Public Resources Code section 21000 et seq., are untimely. Real Party in Interest, Bridge Housing Corporation (Bridge), joins the motion. Petitioner opposes the motion. The motion is granted. The County's unopposed request for judicial notice (RJN) of Exhibits 1 through 7 is granted. (Evid. Code § 452, (b), (c), (d) and (h).) RELEVANT ALLEGATIONS IN THE PETITION On September 8, 2020, the City Council for the City of Los An...

Excerpt: ...r property located at 6568 Sheltondale Ave. in West Hills, California (Property). Defendants oppose the motion. Their unopposed request for judicial notice (RJN) is granted. 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 preliminar...

Excerpt: ... a reply. KAFLA's motion to strike is denied. Petitioner moves for an order compelling KAFLA to produce additional records and appointing a third‐party auditor to audit KAFLA's accounting records. KAFLA opposes the motion. The motion to compel is denied. However, the court may reconsider its May 19, 2021 inspection order pursuant to Le Francois v. Goel (2005) 35 Cal.4th 1094. ANALYSIS Motion to Strike the Pleadings: KAFLA moves to strike the fi...

Excerpt: ... sheriffs without pay. Petitioners remained suspended for 14 months. Petitioners challenge the decision of Respondent, Los Angeles Civil Service Commission, upholding their suspension without pay. Petitioners request an order compelling the Commission to set aside its decision upholding Petitioners' suspensions. Petitioners also seek an order requiring the Department to pay Petitioners their back salary with all benefits from the period of their ...

Excerpt: ... on Internal Affairs Bureau (IAB) file number IV 2524464 and/or the November 11, 2021 Letter of Intent issued by the Department;  Using any statement from Plaintiff and/or the fruits of said statements; as well as any materials that were in the possession of Defendants prior to Plaintiff's subsequent interrogations in IAB file number IV 2524464, that were not produced to Plaintiff at the time of subsequent interrogations, and/or the fruits of ...

Excerpt: ...een Petitioner and John Roe: In late 2017, John Roe and SH were engaged in a casual sexual relationship. (AR 2620-2621.) Around March 2018, SH and John Roe engaged in consensual sex with Petitioner, SH's roommate. (AR 23.) After March 2018, John Roe continued to have casual sex with Petitioner and SH, separately. (AR 2620-2621.) At some point, Petitioner and John Roe began engaging in “BDSM,” [1] and John Roe would inflict injury on Petitione...

Excerpt: ...orney fees of $2,500. Defendants oppose the attachment. Plaintiff's unopposed request for judicial notice (RJN) is granted. The applications for writs of attachment 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 wh...

Excerpt: ...the approvals. The City opposes the petition. The Petition is DENIED. The City's objection to Petitioner's request for judicial notice is sustained. Petitioner's request for judicial notice is denied as irrelevant because it is extra‐record evidence. STATEMENT OF THE CASE The City is a "Community of Homes." (AR 1352.) The City adopted Single‐Family Residential Design Guidelines (the Design Guidelines) for homes. The Design Guidelines apply to...