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1708.5.
(a) The commission shall permit interested persons to petition the commission to adopt, amend, or repeal a regulation.
(b) (1) The commission shall consider a petition and, within six months from the date of receipt of the petition, either deny the petition or institute a proceeding to adopt, amend, or repeal the regulation.
(2) The commission may extend the six month period for consideration of a petition pursuant to paragraph (1) to allow public review and comment pursuant to subdivision (g) of Section 311.
(c) If the commission denies a petition, the order or resolution of the commission shall include a statement of the reasons of the commission for that denial.
(d) If the commission finds that it is precluded by law from granting a petition, the statement of reasons for denial pursuant to subdivision (c) shall identify the relevant provisions of law.
(e) The commission shall implement this section under the Rules of Practice and Procedure in effect on January 1, 2000. On or before July 1, 2001, the commission shall amend the Rules of Practice and Procedure to provide more specific procedures for handling a petition pursuant to this section.
(f) Notwithstanding Section 1708, the commission may conduct any proceeding to adopt, amend, or repeal a regulation using notice and comment rulemaking procedures, without an evidentiary hearing, except with respect to a regulation being amended or repealed that was adopted after an evidentiary hearing, in which case the parties to the original proceeding shall retain any right to an evidentiary hearing accorded by Section 1708.
LaForteza Judge of the Superior Court [1] Civil Code section 1708.5 codifies the elements of the intentional tort of sexual battery.
DMITRY GUROVICH VS CALIN ARIMIE, MD, ET AL.
20STCV39823
Dec 02, 2021
Los Angeles County, CA
Plaintiff Figueroa brought a cause of action for sexual battery alleging Civil Code section 1708.5. Civil Code section 1708.5, subdivision (d) states, “For the purposes of this section ‘intimate part’ means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.” Since Plaintiff alleged sexual battery relying on Civil Code section 1708.5, the term sexual organ is not vague when read in the context of Civil Code section 1708.5, subdivision (d).
FIGUEROA V. ELITE HOME MEDICAL & RESPIRATORY, INC.
30-2011-00462139-CU-OE-CJC
Mar 21, 2017
Orange County, CA
LAUSD argues it cannot be held directly liable under Section 1708.5 because LAUSD is a public entity. By its very terms, Section 1708.5 defines a sexual battery as conduct committed by a person . Section 1708.5 does not apply to LAUSD. The court further observes that Section 1708.5 merely sets forth the elements of a sexual battery claim.
JOHN DOE 101 VS ROE 1
22STCV38285
Mar 04, 2024
Los Angeles County, CA
Specifically, Defendants argue that Plaintiffs allegation that Enriquez touched Plaintiffs thigh is insufficient to constitute a cause of action for sexual battery under Civil Code section 1708.5, because Plaintiffs thigh is not an intimate part of her body as defined by the statute. In opposition, Plaintiff contends that section 1708.5 does not require contact with an intimate part to constitute a cause of action. The Court disagrees.
VICTORIA FIGUEROA, ET AL. VS CLAREMONT UNIFIED SCHOOL DISTRICT, ET AL.
20STCV19630
Nov 05, 2021
Los Angeles County, CA
By failing to explicitly include attorneys fees in the language of section 1708.5, the Court agrees with Defendant that the Legislature did not intend for attorneys fees to be recoverable pursuant to section 1708.5. Plaintiff refers to the Digest for Senate Bill 2336 which states that [t]he bill would also provide for additional remedies, as specified, but attorneys fees are not specified in section 1708.5. Accordingly, Defendants motion to strike Plaintiffs prayer for attorneys fees is GRANTED.
JANE ROE VS JOSE DEJESUS MARQUEZ
22STCV10966
Dec 09, 2022
Los Angeles County, CA
Apr 27, 2006
Dismissal
Stanley Mosk Courthouse
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GLORIA ALLRED SBN 65033 NATHAN GOLDBERG SBN 62192 Supe" FILED aN neni CHRISTINA CHEUNG, SBN 280148 Con, mias, Law OFFICES ALLRED, MAROKO & GOLDBERG JAN 62 2018 SurTE 1500 6300 WILSHIRE BOULEVARD …
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e ooh Ne Ramin R. Younessi, Esq. (SBN 175020) Mae-Elaine Q. Ednalaga, Esq. (SBN 277122 LAW OFFICES OF RAMIN R. YOUNESSI FILED Superior Court of Califarnia A PROFESSIONAL LAW CORPORATION aunty of Los Ang…
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e Steven R. Vartazarian, Esq. (SBN 227635) FILE! oo Serena J. Vartazarian, Es (SBN 303260) acar Court of THE VARTAZARIAN 15250 Ventura Blvd., L AW FIRM, Suite 505 APC …
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Los Angeles County, CA
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Civil Rights/Discrimination (General Jurisdiction)
Lisa Bloom, Esq. (SBN 158458) FILED Lynne M. Brennan, Esq. (SBN 149131) Superior Court of Calif forn’ Hussain Turk, Esq. (SBN 314704) OuNtY Aor ae oe THE BLOOM FIRM 20700 Ventura Blvd., Suite 301 SEP 20 201: Woodland Hills, CA 91364 Sherri R. Ca ¥ BxOCUTIVE Un ttcet ies …
Apr 27, 2018
Court-Ordered Dismissal - Other (Other) 07/03/2019
Los Angeles County, CA
Sep 20, 2018
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
1 EUSTACE DE SAINT PHALLE, SBN 179100 SHANA M. NAZARIAN, SBN 345379 2 RAINS LUCIA STERN ST. PHALLE & SILVER, PC 2300 Contra Costa Boulevard, Suite 500 3 Pleasant Hill, CA 94523 4 Tel: (925) 609-1699 Fax: (925) 609-1690 5 Email: PersonalInjuryGroup@rlslawyers.com 6 Attorneys for Plaintiff KATHY ROSALES 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF LOS ANGELES 10 …
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