Judge: Kevin C. Brazile, Case: 21STCV23966, Date: 2023-04-04 Tentative Ruling

Hearing Date: April 4, 2023

Case Name: Fanucci Restaurant Group, LLC v. The Los Angeles Design Group, et al.

Case No.: 21STCV02464

Matter: Motion to Dismiss

Moving Party: Defendants The Los Angeles Design Group and Claus Benjamin 

Freyinger

Responding Party: Plaintiff Fanucci Restaurant Group, LLC

Notice: OK

Ruling: The Motion is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On September 8, 2021, the Court partly sustained and partly overruled a demurrer filed by Defendants The Los Angeles Design Group and Claus Benjamin Freyinger as to the FAC of Plaintiff Fanucci Restaurant Group, LLC.  The Court stated, “Plaintiff shall file a Second Amended Complaint within 20 days of this Order.”

Defendants The Los Angeles Design Group and Claus Benjamin Freyinger now argue that this matter should be dismissed because Plaintiff failed to file a SAC.  Defendants also seek a discretionary dismissal for failure to prosecute, largely based on the same contention relating to the SAC.

The Court allowed a SAC but did not require one.  To the extent Plaintiff did not file a SAC, the FAC remains the operative pleading.  The Motion is denied.  

The Court considered setting an OSC re: sanctions.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.