NINA BOGDANOFF, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED VS LIFT ENRICHMENT, INC.

May 12, 2026 Law and Motion Calendar PAGE 13 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 5 24-CIV-07699 NINA BOGDANOFF, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED VS LIFT ENRICHMENT, INC.

NINA BOGDANOFF, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY CODY T. STROMAN SITUATED LIFT ENRICHMENT, INC. MARYAM MALEKI

PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

TENTATIVE RULING:

The court needs further briefing on plaintiff Nina Bogdanoff’s motion for leave to file a second amended complaint. The parties are to meet-and-confer and jointly email Department 4 by 11:00 a.m. May 12, 2026 with a proposed briefing schedule and proposed hearing date on a Tuesday at 2:00 p.m. (at least two weeks after the last brief is filed). The parties shall APPEAR at the hearing. Zoom appearances are allowed to confirm the schedule.

Defendants Lift Enrichment, Inc. and Lift Enrichment, LLC contends, but fail to cite authority, that because plaintiff removed the overtime claim from the first amended complaint (the claim was in the original complaint), the claim is not an existing claim that can be pursued in this lawsuit. (Opp. at p. 6.) In reply, plaintiff refers to the proposed second amended complaint maintaining the core factual allegations for the overtime claim and that new and different theories based upon existing allegations are permitted. (Reply at p. 2.) However, no party analyzes with citation to authority whether these two proposed new plaintiffs can revive a claim that was originally pled in the original complaint but then omitted from the operative pleading, the first amended complaint. The court needs briefing on this issue in order to decide the motion.