This case was last updated from Los Angeles County Superior Courts on 08/10/2021 at 08:20:36 (UTC).

TAHNDI CAMPBELL, ET AL. VS FF PROPERTIES, L.P.

Case Summary

On 11/13/2020 TAHNDI CAMPBELL 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:

    *******9598

  • Filing Date:

    11/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

CAMPBELL TAHNDI

RIFE REBEKAH

MOSS QUENTIN

HERSH JONATHAN

YOUNG JEFFREY

OH JIN KYOUNG

Defendants

FF PROPERTIES L.P.

FF PROPERTIES II L.P.

Attorney/Law Firm Details

Plaintiff Attorneys

OLLINGER JOSEPH B.

OLLINGER JOSEPH B

Defendant Attorney

HERNANDEZ JR. GEORGE J.

 

Court Documents

Summons - Summons on Complaint (1st)

8/6/2021: Summons - Summons on Complaint (1st)

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 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)

Opposition (name extension) - Opposition to Motion to Strike

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

Declaration (name extension) - Declaration of Late Filing

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

Notice of Related Case - Notice of Related Case

6/29/2021: Notice of Related Case - Notice of Related Case

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

6/29/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration re: Late Filing

6/29/2021: Declaration (name extension) - Declaration re: Late Filing

Proof of Personal Service - Proof of Personal Service

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

Proof of Service by Mail - Proof of Service by Mail

3/2/2021: Proof of Service by Mail - Proof of Service by Mail

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

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

3/2/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Amended Complaint - Amended Complaint (1st)

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

Summons - Summons on Complaint

12/17/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 11/17/2023
  • Hearing11/17/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/13/2022
  • Hearing05/13/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/09/2021
  • DocketUpdated -- Summons Cross-Complaint: Name Extension changed from on Complaint (1st) to Cross-Complaint; As To Parties changed from Jeffrey Young (Plaintiff) to Jeffrey Young (Plaintiff)

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  • 08/09/2021
  • DocketNotice of Posting of Jury Fees; Filed by: FF Properties II L.P. (Defendant)

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  • 08/06/2021
  • DocketAnswer; Filed by: FF Properties II L.P. (Defendant); As to: Jeffrey Young (Plaintiff)

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  • 08/06/2021
  • DocketCross-Complaint; Filed by: FF Properties II L.P. (Defendant); As to: Jeffrey Young (Plaintiff)

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  • 08/06/2021
  • DocketSummons on Complaint (1st); Issued and Filed by: FF Properties II L.P. (Defendant); As to: Jeffrey Young (Plaintiff)

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  • 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. (Defendant); Result: Denied; Result Date: 07/28/2021

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

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  • 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

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13 More Docket Entries
  • 12/17/2020
  • DocketAmended Complaint (1st); Filed by: Tahndi Campbell (Plaintiff); Jonathan Hersh (Plaintiff); Quentin Moss (Plaintiff); Jin Kyoung Oh (Plaintiff); Rebekah Rife (Plaintiff); Jeffrey Young (Plaintiff); As to: FF Properties II L.P. (Defendant)

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  • 12/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Tahndi Campbell (Plaintiff); Jonathan Hersh (Plaintiff); Quentin Moss (Plaintiff); Jin Kyoung Oh (Plaintiff); Rebekah Rife (Plaintiff); Jeffrey Young (Plaintiff); As to: FF Properties II L.P. (Defendant)

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  • 11/16/2020
  • DocketComplaint; Filed by: Tahndi Campbell (Plaintiff); Jonathan Hersh (Plaintiff); Quentin Moss (Plaintiff); Jin Kyoung Oh (Plaintiff); Rebekah Rife (Plaintiff); Jeffrey Young (Plaintiff); As to: FF Properties, L.P. (Defendant)

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  • 11/16/2020
  • DocketSummons on Complaint; Issued and Filed by: Tahndi Campbell (Plaintiff); Jonathan Hersh (Plaintiff); Quentin Moss (Plaintiff); Jin Kyoung Oh (Plaintiff); Rebekah Rife (Plaintiff); Jeffrey Young (Plaintiff); As to: FF Properties, L.P. (Defendant)

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  • 11/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Tahndi Campbell (Plaintiff); Jonathan Hersh (Plaintiff); Quentin Moss (Plaintiff); Jin Kyoung Oh (Plaintiff); Rebekah Rife (Plaintiff); Jeffrey Young (Plaintiff); As to: FF Properties, L.P. (Defendant)

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  • 11/16/2020
  • DocketNon-Jury Trial scheduled for 05/13/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/17/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/16/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 20STLC09598 Hearing Date: July 28, 2021 Dept: 26

Campbell, et al. v. FF Properties, II, L.P., et al. 20STLC09598

MOTION\r\nTO STRIKE PUNITIVE DAMAGES

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(CCP\r\n§§435-436; Civ. Code § 3294)

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TENTATIVE RULING:

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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:

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Plaintiffs Tahndi Campbell, Jonathan Hersh, Quentin Moss,\r\nJin Kyoung Oh, Rebekah Rife, and Jeffrey Young (“Plaintiffs”) filed the instant action for violation of the Investigative\r\nConsumer Reporting Agencies Act (“ICRAA”) against Defendant FF Properties II, L.P. (“Defendant”) on November 13,\r\n2020. Plaintiff filed a First Amended Complaint on December 17, 2020. On March\r\n2, 2021, 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 objection\r\nto the filing date of any reply.

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Also of note, on\r\nJuly 19, 2021, Plaintiffs filed a Notice of Related Case with respect to Arshadi,\r\net al. v. FF Properties II L.P. et al., LASC Case No. 20STLC09532.

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Discussion

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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 the 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.

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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 Code section 1786.50 states:\r\n“[i]f the court determines that the violation was grossly negligent or willful,\r\nthe court may, in addition, assess, and the consumer may recover, punitive\r\ndamages.” (Cal. Civ. Code, § 1786.50, subd. (b).) There being no binding case\r\nlaw with respect to the meaning of “willful” under the ICRAA, the Court turns\r\nto federal cases for guidance on interpretation. (Airline Pilots Assn.\r\nInternat. v. United Airlines, Inc. (2014) 223 Cal.App.4th 706, 724 n 7\r\n[citing Cal. Rules of Court, Rule 8.1115].)

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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.)

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Here, Plaintiffs\r\nhave alleged 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.

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Conclusion

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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.

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\r\n\r\nPlaintiff to give notice.'
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