Superior Court of California 

County of Los Angeles 

Department 78 

 

PSHATOIA LAROSE,

Plaintiff, 

vs. 

SEAN COMBS, et al.

Defendants. Case No.: 23STCV21279

MOTION TO SET ASIDE DISMISSAL FILED BY PLAINTIFF PSHATOIA LAROSE

 

The motion to set aside dismissal filed by Plaintiff Pshatoia Larose is DENIED.

Moving party to give notice.

FACTUAL BACKGROUND  

Plaintiff Pshatoia Larose filed a letter styled as a Complaint alleging Defendants used her publications, invaded her privacy, and violated various statutes under the laws of other states, among other things. The Complaint is unintelligible and does not state any facts or allege any causes of action. 

PROCEDURAL HISTORY 

On December 7, 2023, Plaintiff filed her Complaint.

On October 9, 2023, the Court set an OSC hearing re: dismissal on the grounds that Plaintiff’s Complaint contained no factual allegations, no causes of action, and is not in the required format.

On November 13, 2023, Plaintiff filed a notice of petition of writ of prohibition for case dismissal.

On December 7, 2023, Plaintiff filed a declaration containing an appendix. The appendix contained a summary of allegations and various screenshots of text messages, social media posts, and other websites. The appendix did not set forth any facts or allege any intelligible causes of action against Defendants.

On December 8, 2023, the Court dismissed Plaintiff’s Complaint without prejudice.

On December 20, 2023, Plaintiff filed this motion to vacate dismissal of the Complaint.

DISCUSSION 

Plaintiff moves to vacate dismissal of her Complaint on the grounds that the Court failed to consider her appendix filed December 7, 2023, disregarded her petition prohibiting the Court from dismissing the case prematurely, and acted in an unethical manner. Additionally, Plaintiff argues her Complaint was not frivolous.

Courts have the inherent authority to dismiss cases that are patently frivolous. (See Huang v. Hanks (2018) 23 Cal.App.5th 179, 181-182.) 

Here, Plaintiff’s Complaint failed to state any facts or allege any causes of action. None of the materials Plaintiff subsequently filed cured the defects in the Complaint. Without any factual allegations or causes of action, the Complaint is patently frivolous. Plaintiff fails to cite any legal authority or evidence which would form a basis for setting aside the dismissal. Therefore, the motion is denied.

DATED: April 15, 2024

                                                                    _______________________________ 

Hon. Jill Feeney 

Judge of the Superior Court