Judge: Stephen I. Goorvitch, Case: 23STCV20953, Date: 2023-11-02 Tentative Ruling

Case Number: 23STCV20953    Hearing Date: November 2, 2023    Dept: 39

Genesis Pink v. 5335 West Adams LA, LLC

Case No. 23STCV20953

Motion to Strike Second Amended Complaint

            The Court posts this order on Monday, October 30, 2023, in advance of the hearing on Defendants’ motion to strike, which is scheduled for Thursday, November 2, 2023, at 8:30 a.m.  The Court provides notice that if Plaintiff does not appear, either remotely or in-person, absent good cause, Plaintiff shall waive the right to be heard on this motion and shall submit to entry of this order.  If Plaintiff wishes to appear remotely but is experiencing difficulty, Plaintiff may contact the Court’s clerk, Roberto Mendoza, at (213) 633-0159 for assistance. 

            Plaintiff Genesis Pink (“Plaintiff”) filed this action on February 10, 2023, and filed a first amended complaint on July 25, 2023.  The first amended complaint asserts 12 causes of action against Defendant 5335 West Adams LA, LLC and six individual defendants (collectively, “Defendants”).  Then, on August 3, 2023, Plaintiff filed a second amended complaint without leave of the Court.  Therefore, Defendants filed a motion to strike.  Per Code of Civil Procedure section 472, Plaintiff was permitted to file an amended complaint without leave of the Court only once.  Therefore, the Court orders as follows:

            1.         The Court grants Defendants’ motion to strike.

            2.         The second amended complaint is stricken and the first amended complaint shall be the operative complaint.

            3.         Defendants shall file an answer or responsive pleading within thirty (30) days.

            4.         Defendants’ counsel shall provide notice and file proof of such with the Court.