This case was last updated from Los Angeles County Superior Courts on 09/27/2021 at 11:32:13 (UTC).

REZA ARSHADI, ET AL. VS FF PROPERTIES, L.P.

Case Summary

On 11/12/2020 REZA ARSHADI filed a Contract - Business lawsuit against FF PROPERTIES, L P. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9532

  • Filing Date:

    11/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

SMALL SARAH

YANEZ MICHAEL

FERNANDEZ NATALIA

SMITHEE KIARA

ARSHADI REZA

Defendants

FF PROPERTIES L.P.

FF PROPERTIES II L.P. A DELAWARE LIMITED PARTNERSHIP;

Cross Plaintiff and Defendant

FF PROPERTIES II L.P. A DELAWARE LIMITED PARTNERSHIP;

Cross Defendants

RENTGROW INC. DBA YARDI RESIDENT SCREENING

YARDI SYSTEMS INC.

Attorney/Law Firm Details

Plaintiff Attorneys

OLLINGER JOSEPH B

OLLINGER JOSEPH B.

Defendant Attorneys

HERNANDEZ GEORGE

CHIN ESQ ARCHIE

CHIN ARCHIE

 

Court Documents

Summons - Summons Croos-Complaint

8/10/2021: Summons - Summons Croos-Complaint

Answer - Answer

8/6/2021: Answer - Answer

Cross-Complaint - Cross-Complaint

8/6/2021: Cross-Complaint - Cross-Complaint

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

8/9/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Minute Order - Minute Order (Hearing on Motion to Strike without Demurrer;)

7/28/2021: Minute Order - Minute Order (Hearing on Motion to Strike without Demurrer;)

Proof of Personal Service - Proof of Personal Service

7/12/2021: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration of Late Filing

7/16/2021: Declaration (name extension) - Declaration of Late Filing

Opposition (name extension) - Opposition to Motion to Strike

7/16/2021: Opposition (name extension) - Opposition to Motion to Strike

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/16/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/19/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Related Case - Notice of Related Case

7/26/2021: Notice of Related Case - Notice of Related Case

Minute Order - Minute Order (Court Order Re: Plaintiffs Notice of Related Case;)

7/27/2021: Minute Order - Minute Order (Court Order Re: Plaintiffs Notice of Related Case;)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Plaintiffs Notice of Related Case;) of 07/27/2021

7/27/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Plaintiffs Notice of Related Case;) of 07/27/2021

Proof of Service by Mail - Proof of Service by Mail

3/1/2021: Proof of Service by Mail - Proof of Service by Mail

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

3/1/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

3/2/2021: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Amended Complaint - Amended Complaint (1st)

12/17/2020: Amended Complaint - Amended Complaint (1st)

Summons - Summons on Complaint

12/17/2020: Summons - Summons on Complaint

11 More Documents Available

 

Docket Entries

  • 05/12/2022
  • Hearing05/12/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

    Read MoreRead Less
  • 08/10/2021
  • DocketSummons Croos-Complaint; Issued and Filed by: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant); As to: Michael Yanez (Plaintiff)

    Read MoreRead Less
  • 08/10/2021
  • DocketUpdated -- Event scheduled for 05/12/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Non-Jury Trial to Jury Trial

    Read MoreRead Less
  • 08/10/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/12/2021

    Read MoreRead Less
  • 08/09/2021
  • DocketNotice of Posting of Jury Fees; Filed by: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant)

    Read MoreRead Less
  • 08/06/2021
  • DocketAnswer; Filed by: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant)

    Read MoreRead Less
  • 08/06/2021
  • DocketCross-Complaint; Filed by: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant); As to: Reza Arshadi (Plaintiff)

    Read MoreRead Less
  • 07/28/2021
  • DocketUpdated -- Motion to Strike (not anti-SLAPP) - without Demurrer PORTIONS OF PLAINTIFF?S FIRST AMENDED COMPLAINT;: Filed By: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant); Result: Denied; Result Date: 07/28/2021

    Read MoreRead Less
  • 07/28/2021
  • DocketMinute Order (Hearing on Motion to Strike without Demurrer;)

    Read MoreRead Less
  • 07/28/2021
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 07/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/28/2021; Result Type to Held - Motion Denied

    Read MoreRead Less
14 More Docket Entries
  • 12/17/2020
  • DocketAmended Complaint (1st); Filed by: Reza Arshadi (Plaintiff); Natalia Fernandez (Plaintiff); Sarah Small (Plaintiff); Kiara Smithee (Plaintiff); Michael Yanez (Plaintiff); As to: FF PROPERTIES II L.P., a Delaware limited partnership; (Defendant)

    Read MoreRead Less
  • 12/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Reza Arshadi (Plaintiff); Natalia Fernandez (Plaintiff); Sarah Small (Plaintiff); Kiara Smithee (Plaintiff); Michael Yanez (Plaintiff)

    Read MoreRead Less
  • 11/12/2020
  • DocketNon-Jury Trial scheduled for 05/12/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/12/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/12/2020
  • DocketComplaint; Filed by: Reza Arshadi (Plaintiff); Natalia Fernandez (Plaintiff); Sarah Small (Plaintiff); Kiara Smithee (Plaintiff); Michael Yanez (Plaintiff); As to: FF Properties, L.P. (Defendant)

    Read MoreRead Less
  • 11/12/2020
  • DocketCivil Case Cover Sheet; Filed by: Reza Arshadi (Plaintiff); Natalia Fernandez (Plaintiff); Sarah Small (Plaintiff); Kiara Smithee (Plaintiff); Michael Yanez (Plaintiff); As to: FF Properties, L.P. (Defendant)

    Read MoreRead Less
  • 11/12/2020
  • DocketSummons on Complaint; Issued and Filed by: Reza Arshadi (Plaintiff); Natalia Fernandez (Plaintiff); Sarah Small (Plaintiff); Kiara Smithee (Plaintiff); Michael Yanez (Plaintiff); As to: FF Properties, L.P. (Defendant)

    Read MoreRead Less
  • 11/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/12/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/12/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC09532 Hearing Date: July 28, 2021 Dept: 26

Arshadi, et al. v. FF Properties, II, L.P., et al. 20STLC09532

MOTION\r\nTO STRIKE PUNITIVE DAMAGES

\r\n\r\n

(CCP\r\n§§435-436; Civ. Code § 3294)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Defendant FF Properties II, L.P.’s Motion to Strike Portions\r\nof the First Amended Complaint is DENIED. DEFENDANT IS TO FILE AN ANSWER TO THE\r\nFIRST AMENDED COMPLAINT WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

\r\n\r\n

\r\n\r\n

Plaintiffs Reza Arshadi, Natalia Fernandez, Sarah Small,\r\nKiara Smithee and Michael Yanez (“Plaintiffs”)\r\nfiled the instant action for violation of the Investigative Consumer\r\nReporting Agencies Act (“ICRAA”)\r\nagainst Defendant FF Properties II, L.P. (“Defendant”) on November 12, 2020.\r\nPlaintiff filed a First Amended Complaint on December 17, 2020. On March 2,\r\n2021, Defendant filed the instant Motion to Strike Portions of the First\r\nAmended Complaint. Plaintiffs filed an opposition on July 16, 2021. Defendant\r\nacknowledges the late filing and service of the opposition and makes no\r\nobjection to the filing date of any reply.

\r\n\r\n

\r\n\r\n

Also of note, on July 19, 2021, Plaintiffs filed a Notice of Related Case\r\nwith respect to Campbell, et al. v. FF Properties II L.P. et al., LASC\r\nCase No. 20STLC09598.

\r\n\r\n\r\n\r\n

\r\n\r\n

Discussion

\r\n\r\n

\r\n\r\n

Defendant filed a\r\nsupporting declaration demonstrating compliance with the meet and confer\r\nrequirement set forth at Code of Civil Procedure section 435.5. (Motion, Chin\r\nDecl., ¶2 and Exh. A.) Defendant moves to strike the request for punitive\r\ndamages and supporting allegations set forth in the Complaint. The parties\r\ndisagree regarding the applicable law. Defendant brings the Motion pursuant to\r\nCal. Civil Code section 3294 and its attendant law, while Plaintiffs argue that\r\nthe damages are sought under Cal. Civil Code section 1786.50 and not subject to\r\nthe requirements of section 3294.

\r\n\r\n

\r\n\r\n

Although the\r\nComplaint does not allege that Plaintiffs seek punitive damages under Civil\r\nCode section 1786.50, subdivision (b), the statute clearly allows for punitive\r\ndamages for violations of the ICRAA, which is the basis of the sole cause of\r\naction against Defendant. (Compl., ¶¶31-40.) Civil\r\nCode section 1786.50 states: “[i]f the court determines that the violation was\r\ngrossly negligent or willful, the court may, in addition, assess, and the\r\nconsumer may recover, punitive damages.” (Cal. Civ. Code, § 1786.50, subd.\r\n(b).) There being no binding case law with respect to the meaning of “willful”\r\nunder the ICRAA, the Court turns to federal cases for guidance on\r\ninterpretation. (Airline Pilots Assn. Internat. v.\r\nUnited Airlines, Inc. (2014) 223 Cal.App.4th 706, 724 n 7 [citing Cal.\r\nRules of Court, Rule 8.1115].)

\r\n\r\n

\r\n\r\n

In Cunha v.\r\nIntelliCheck, LLC (N.D. Cal. 2017) 254 F.Supp.3d 1124, the district court\r\nruled that because the defendant’s conduct was “clearly unlawful” under the\r\nICRAA, the plaintiff had alleged a willful violation. (Cunha v.\r\nIntelliCheck, LLC (N.D. Cal. 2017) 254 F.Supp.3d 1124, 1137 [citing Syed\r\nv. M-I, LLC (9th Cir. 2017) 853 F.3d 492, 503].) In Syed, the 9th\r\nCircuit Court of Appeals held that willfulness exists where the defendant’s\r\nconduct does not comport with any reasonable interpretation of the statute. (Syed,\r\nsupra, 853 F.3d at 503-504.)

\r\n\r\n

\r\n\r\n

Here, Plaintiffs have\r\nalleged facts showing that Defendant’s violation of the ICRAA was willful\r\nbecause it was in direct contravention of the requirements of Civil Code\r\nsection 1786.16. (Compl., ¶¶31-40.) By alleging conduct by Defendant that does\r\nnot comport with any reasonable interpretation of Civil Code section 1786.16,\r\nPlaintiffs have asserted a basis for punitive damages based on willful\r\nstatutory violations.

\r\n\r\n

\r\n\r\n

Conclusion

\r\n\r\n

\r\n\r\n

Defendant FF Properties II, L.P.’s Motion to Strike Portions\r\nof the First Amended Complaint is DENIED. DEFENDANT IS TO FILE AN ANSWER TO THE\r\nFIRST AMENDED COMPLAINT WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER.

\r\n\r\n

\r\n\r\n

\r\n\r\n

Plaintiff to give notice.

\r\n\r\n

\r\n\r\n

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Yardi Systems Inc. is a litigant

Latest cases where FF PROPERTIES L.P. is a litigant

Latest cases where Rentgrow, Inc. is a litigant