California Court of Appeal

In a matter brought by plaintiff-lessee regarding the lease of an apartment unit, order granting judgment on the pleadings with respect to plaintiff's cause of action under Civil Code section 1785.25 and granting judgment on the pleadings without leave to amend as to his cause of action under 15 U.S.C. section 1681-2(b) is affirmed in part, reversed in part, and remanded where: 1) the trial court erred in denying leave to amend the Eighth cause of action for failure to state a cause of action for 15 U.S.C. section 1681s-2(b); 2) the trial court abused its discretion in imposing overly restrictive requirements when granting conditional leave to amend the complaint; 3) notwithstanding the trial court's past unsatisfactory experiences with plaintiff's efforts to amend his complaint, plaintiff should have been granted leave to amend his Fair Credit Reporting Act claim; 4) the trial court erred in granting the Motion for Judgment on the Pleadings as to plaintiff's cause of action for violation of section 1785.25 but properly granted the motion as to the state common law causes of action; and 5) the trial court did not commit reversible error in striking plaintiff's memorandum of costs after judgment and awarding attorneys fees under Code of Civil Procedure Section 724.080.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

• PERLUSS, P. J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Cyrus Sanai, in pro. per., for Plaintiff and Appellant.


• For Appellees:
  
• Jacobson Russell Saltz & Fingerman, Michael J. Saltz, Sunny S. Nassim, Los Angeles, and Keri R. Montrose for Defendants and Respondents, Harvey A. Saltz, The U.D. Registry, Inc., The Irvine Company, Irvine Apartment Communities, LLC, Irvine Apartment Communities, LP.