Excerpt: ...valid under “Code of Civil Procedure § 1094.5, or alternatively § 1085 . . . .” (Pet. ¶ 5.) In his Opening Brief, Petitioner argues he is entitled to relief against CDI based on Code of Civil Procedure section 1094.5. Petitioner makes no reference to Code of Civil Procedure section 1085 and therefore abandons the claim. In footnote 2 of its Opposition Brief, CDI states: “Petitioner fails to cite a single case applying Code of Civil Proce...

Excerpt: ...rmit (CUP) obtained by Petitioner. The County opposes the petition. Petitioner's request for judicial notice (RJN) is granted. The Petition is DENIED. STATEMENT OF THE CASE Application for the Original CUP for the Store: On November 13, 2002, the County's Regional Planning Commission (RPC) conducted a public hearing concerning Petitioner's request for a CUP “to authorize the sale of beer and wine for off‐site consumption at a new 7‐Eleven c...

Excerpt: ...position to the demurrer. Respondent, Ricardo Lara, as Commissioner of the Department of Insurance (CDI), also demurs to the FAP. Petitioner did not file an opposition to the demurrer. Both demurrers are sustained without leave to amend. ALLEGATIONS IN THE FIRST AMENDED PETITION Petitioner is a short-haul trucking company that transports freight from the Port of Los Angeles destinations throughout Southern California. (FAP ¶ 3.) Petitioner hires...

Excerpt: ...after the City rescinded Petitioner's top applicant score and denied Petitioner the right to proceed in the City's process to secure a retailer permit. Petitioner seeks a writ of administrative mandamus pursuant to Code of Civil Procedure[1] sections 1085 and 1094.5 to compel the City to set aside the City's purportedly ex post facto review of Petitioner's application and reinstate Petitioner as a top‐six scoring applicant. Real Party in Intere...

Excerpt: ...overruled. The County's opposed request for judicial notice (RJN) is granted in part. The court takes judicial notice of Exhibit 1 only. With regard to Exhibits 2 through 4, the court notes the court's case access system (electronic docketing) admonishes the electronic record “does not constitute the official record of the court.” In addition, the court advises the information provided “may be subject to error or omission.” The court make...

Excerpt: ...he City and Real Parties in Interest, Elliot Nayssan, Robhana, Inc., and NHD Terrace, LLC, oppose the petition. After an initial hearing, the court remanded the matter back to the City for an explanation of the City's analysis and application of the City's Department of Building and Safety Informational Bulletin 2017-129 (Bulletin 2017-129). The court otherwise denied Petitioner's claims. After consideration of the single remaining issue, the pet...

Excerpt: ...ondent, the Conservation and Liquidation Office (CLO) to produce documents they withheld from a CPRA production. The CDI and the CLO each separately oppose the petition. The petition is denied. [The court has identified an issue to which it has requested a response from the CLO herein.] Petitioner's request for judicial notice is granted as to the existence and filing only of facts and documents 1 through 11 and 34 through 36. (Evid. Code § 452,...

Excerpt: ... documents within its possession, custody and/or control,” it has failed to do so. (Motion 2:8-9.) Petitioner complains the City's initial production resulted from an “admitted” “inadequate search” based on only two search terms—the property address and “Basement Ordinance.” (Motion 3:24-26.) The City contends it fully complied with its discovery obligations. The City indicates because it did not indicate it would produce “all�...

Excerpt: ...er seeks a writ of administrative mandamus compelling the Board to (1) set aside its decision to revoke Petitioner's license and (2) reinstate Petitioner's license without any further disciplinary action. The Board opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE On March 15, 2006, the Board issued Petitioner a vocational nurse license. (AR 86.) On October 3, 2014, Petitioner submitted an admission application to enroll in an i...

Excerpt: ...on, Inc. and Novel Collection, LLC, seek a writ of possession against Defendants, the City of Beverly Hills and the Beverly Hills Police Department, over certain property. Plaintiffs also filed a motion for a writ of replevin wherein Plaintiffs request the court “deny defendant's [EIJ, Inc. (dba as The Beverly Hills Watch Company)] motion and grant possession, custody and control to the original owners of this property, Noble Collection, Inc. a...

Excerpt: ... hearing on the application on the basis that Defendant had not shown good cause through admissible evidence. The application for a writ of attachment is granted. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds 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 ...

Excerpt: ...H 29). Defendant did not file an opposition to the application. The court entered Defendant's default on April 22, 2021. The application for writ of attachment is denied. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds 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 attach...

Excerpt: ...Petitioner seeks an order reversing the decision and remanding the matter for rehearing. Respondent opposes the petition. Real Party in Interest, Respondent's Division of Labor Standards Enforcement (DLSE), separately opposes the petition. The petition is denied. Petitioner's request for judicial notice (RJN) of Exhibit 1 is granted. STATEMENT OF THE CASE On January 5, 2017, DLSE issued a civil wage and penalty assessment (CWPA) against Petitione...

Excerpt: ... decision and compel Respondent to recalculate Petitioner's retirement service credit to include the period of September 1, 2007 through May 28, 2018. Petitioner's request for judicial notice is denied. Judicial notice is unnecessary as the exhibits are already included in the administrative record. Respondent opposes the petition. Petitioner did not file a reply. The petition is denied. STATEMENT OF THE CASE The facts are undisputed. Petitioner ...

Excerpt: ...ties' argument on the issue of the Hearing Officer's consideration of character and/or sexual history evidence. STATEMENT OF THE CASE In January 2020, Petitioner was a 20‐year‐old sophomore at USC studying business administration. (AR 237, 260.) Jane Roe was then a 19‐year‐old second year student at Irvine Valley College. (AR 370.) At the time of Petitioner's alleged sexual misconduct, Roe was visiting her friend and USC student, K.D. Roe...

Excerpt: ...money won in a race in violation of its mandatory duties. DEMURRER The Board demurrers to the TAP. Petitioner opposes the demurrer. The demurrer is overruled. On the court's own motion, proceedings as to the fifth cause of action—a civil of statutory violation for which damages are sought—is stayed pending resolution of the petition's writ causes of action. Upon conclusion of the first through fourth causes of action, the court will transfer ...

Excerpt: ...ion for LAUSD, [1] from implementing and enforcing the Superintendent's Resolution Requesting the Board of Education of the Los Angeles Unified School District to Require COVID-19 Vaccination for Eligible Students (the Resolution) during the pendency of this litigation. Respondents oppose the motion. The request for a preliminary injunction is DENIED. Respondents' unopposed request for judicial notice (RJN) of Exhibits A through E is granted. Pet...

Excerpt: ...ting to mandatory Covid-19 testing of unvaccinated League represented employees and provide Plaintiff all relevant and necessary information during the meet and confer process regarding the City's exclusive Covid-19 testing contractor and scope of services;  Implementing Ordinance No. 187134 without exhaustion of statutory collective bargaining impasse procedures, including refraining from mandating the Covid-19 testing of unvaccinated League ...

Excerpt: ...23.55, which includes $35,000 for attorney fees. Defendants oppose the applications. Defendants' request for judicial notice (RJN) is granted. The applications are denied. Defendants' evidentiary objections are all sustained except objection 1 which is overruled. 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 ...

Excerpt: ...t to Code of Civil Procedure sections 1085 and 1094.5 against Respondent, the Housing Authority for the City of Los Angeles (HACLA). Petitioners also seek damages from Respondent based on alleged violations of the Fair Employment and Housing Act (FEHA) (Gov. Code § 12940 et seq.), Government Code section 11135 and the Unruh Civil Rights Act (Civ. Code § 51). Through their writ causes of action, Petitioners specifically request the court order H...

Excerpt: ...oper. 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 which the attachment is based. 3. The attachment is not sought for a purpose other than the recovery on the claim upon w...

Excerpt: ...enses to non-insiders) (a) until such time as the Court assumes supervisory jurisdiction over the winding up and dissolution of the Company under Corporations Code section 1904; or (b) for a period of 30 days, whichever occurs first.[1] Alternatively, Petitioner seeks a preliminary injunction restraining and enjoining the Company, its officers, directors, shareholders, agents, employees, and affiliates from causing the Company to make any payment...

Excerpt: ...rch 28, 2021, Deputy Gomez of the Los Angeles County Sheriff's Department “responded to Kanan [Road] and Thousand Oaks, in the City of Agoura Hills regarding a possible drunk driver” in a blue Acura based on a caller/tipster who “was following the possible drunk driver in a white 4 door sedan and continuously gave the Lost Hills Station dispatch an updated location.” (AR 15.) When Deputy Gomez arrived at the location provided by the calle...

Excerpt: ...o proceed as required by law when it found the Project categorically exempt from environmental review under the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. The City and Real Parties in Interest, Fariborz Moshfegh and Whitley Apartments, LLC, oppose the petition. The Petition is GRANTED/DENIED . The court grants Petitioner's request for judicial notice (RJN) as to Exhibits D, E and G only. The objection...

Excerpt: ... documents. The City opposes the petition. The Petition is denied. The City's Evidentiary Objections:[1] Objection number 13 is overruled. Objection numbers 1, 2, 3, 4, 5, 8 and 10 are sustained. The following objection numbers are sustained in part: 6 (the court receives the last sentence and Exhibits H and I into evidence), 7 (the court receives Exhibit H into evidence), 9 (the first sentence is stricken), 11 (the court receives the last two se...