Malek v. Valentia Apartments, LLC et al

Filing 19

ORDER: Granting Joint Motion for Leave to File First Amended Complaint 17 ; Accepting First Amended Complaint as Operative 18 ; and Denying as Moot All Other Prior Motions 3 4 . Signed by Judge Linda Lopez on 3/12/2025. (bdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SHALA MALEK,

Case No.: 24cv2076-LL-BLM
Plaintiff,

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v.

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VALENTIA APARTMENTS, LLC;
SHEA PROPERTIES MANAGEMENT
COMPANY, INC.; and DANIELLE
HARRIS,

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ORDER:
GRANTING JOINT MOTION FOR
LEAVE TO FILE FIRST AMENDED
COMPLAINT [ECF No. 17];
ACCEPTING FIRST AMENDED
COMPLAINT AS OPERATIVE
[ECF No. 18]; AND

Defendants.

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DENYING AS MOOT ALL OTHER
PRIOR MOTIONS [ECF Nos. 3, 14]

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On March 4, 2025, the parties jointly moved for Plaintiff’s leave to file a First

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Amended Complaint (“FAC”). ECF No. 17. On March 10, 2025, Plaintiff filed the FAC,

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which has thirty-five more allegations and three more claims than the original complaint.

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Compare ECF No. 1 with ECF No. 18. Good cause appearing, the Court GRANTS the

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parties’ request and ACCEPTS the newly-filed FAC as operative. ECF No. 18. By March

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31, 2025, Defendants must file their response to the FAC.

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All other prior motions, that is Plaintiff’s Motion for Preliminary Injunction and

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Defendants’ Motion to Dismiss (ECF Nos. 3, 14), being based on the now-inoperative
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24cv2076-LL-BLM

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complaint, are DENIED AS MOOT. See O. L. v. City of El Monte, No. 20-cv-0797-RGK

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(JDE), 2020 WL 7264545, at *2–3 (C.D. Cal. Mar. 20, 2020) (denying as moot motion for

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preliminary injunction and motion to dismiss based on prior complaint when accepting new

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“operative” complaint); Perrin Bernard Supowitz, LLC v. Morales, No. 22-cv-2120-ODW

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(JEMx), 2022 WL 3686407, at *2 (C.D. Cal. Aug. 25, 2022) (denying as moot motion for

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preliminary injunction based on “now-inoperative” complaint when the plaintiff amended

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his complaint with “new allegations and claims”).

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IT IS SO ORDERED.
Dated: March 12, 2025

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24cv2076-LL-BLM