Khairallah v Humayun
Ex parte application to allow a Second Amended Complaint
Motion type
Parties
Ruling
(Van Nuys Courthouse East: Dept. T) August 31, 2026 DEPARTMENT T LAW AND MOTION RULINGS If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.
DALDALYAN The court denies the motion to enter judgment conditioned on the defendant issuing a bank check or certified check or wire transfer for the deficiency by 4 p.m. on 9/4/2026. The court has insufficient bank evidence to show what happened with the checks that were attempted to be deposited.
Case Number: 24VECV04087 Hearing Date: August 31, 2026 Dept: T 24VECV04087 Larina v Green The court approves the petition and will sign the order filed on 6/22/2026. No appearance is required.
Case Number: 25VECV03491 Hearing Date: August 31, 2026 Dept: T 25VECV03491 Geiwitz v Jaguar Ex parte application to special set motion to depose PMQ: Denied. Discovery motion cutoff is 15 days before trial. In order for the motion to be timely, it had to be served and filed by 8/14/2026. Instead, it was served and filed 8/20/2026. Therefore, even on regular notice it was too late. Also, Dept. T's policy on depositions in Lemon Law cases has been stated many time: Ask for the PMQ depo, if you get no dates, notice the deposition, and if you still get no dates, file a motion to compel and the court will order the deposition in 10 days. Plaintiff had "nearly a year" to make that motion. The "inability" to take the deposition is no one's fault than plaintiff's counsel for not coming in with a timely motion to compel.
Case Number: 25VECV03502 Hearing Date: August 31, 2026 Dept: T 25VECV03502 Anoshechkina v Danilov Ex parte application to continue motion for relief from default: Denied. The court previously continued this motion which has been pending since 2/13/2026. Defendants are entitled to have their motion heard. It has been pending for 6 months. Furthermore, the court does not accept the declaration of plaintiff that she does not have access to wifi or telephone to call the United States. How was she able to sign a declaration in Portugal on 8/26/2026 and file it on the next day.
Her address in Lisboa is r. de santo estevao, 1100-405 Lisboa, Portugal There are numerous web based communications available to her including WhatsApp which is free. Telephone calls can be made from Portugal to the USA. Most services have international roaming. She could hire an attorney to appear for her. Her declaration is not credible. Finally, reviewing the motion, the court is required to grant relief if the default was entered as a result of the excuse or neglect of their attorney. The motion for relief was filed 45 days after the court denied the request to reset the demurrer.
Case Number: 26VECV03360 Hearing Date: August 31, 2026 Dept: T 26VECV03369 Khairallah v Humayun Ex parte application to allow a Second Amended Complaint: Denied. There is no urgency. There is no declaration in compliance with CRC 3.1202(c): " Affirmative factual showing required -- A n applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte."
A noticed motion is required. There must be compliance with California Rules of Court, Rule 3.1324: "Rule 3.1324. Amended pleadings and amendments to pleadings (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (b) Supporting declaration A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (c) Form of amendment The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it. (d) Requirements for amendment to a pleading An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court.
All alterations must be initialed by the court or the clerk. "
Case Number: 26VECV03369 Hearing Date: August 31, 2026 Dept: T 26VECV03369 Khairallah v Humayun Ex parte application to allow a Second Amended Complaint: Denied. There is no urgency. There is no declaration in compliance with CRC 3.1202(c): " Affirmative factual showing required -- An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte."
A noticed motion is required. There must be compliance with California Rules of Court, Rule 3.1324: "Rule 3.1324. Amended pleadings and amendments to pleadings (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (b) Supporting declaration A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (c) Form of amendment The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it."
Case Number: 26VECV04802 Hearing Date: August 31, 2026 Dept: T 26VECV04802 Leatherman v Cusack Ex parte application to advance hearing on Case Management Conference: Denied. There is no urgency. There is no declaration in compliance with CRC 3.1202(c): " Affirmative factual showing required -- A n applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." There is no declaration giving notice of the ex parte. There is no reason given for the request. | Home -->)" -->
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”