Tanya Dennis v. Donald Frazier, et al.

25CV121478: DENNIS vs FRAZIER 09/10/2026 Hearing on Motion for Protective Order filed by Donald Frazier (Defendant) + CRS# 497868297455 in Department 512

Tentative Ruling - 09/08/2026 Elizabeth Riles

On defendants Building Opportunities for Self-Sufficiency’s (“BOSS”) and Donald Frazier’s (“Frazier”) (BOSS and Frazier are collectively “Defendants”) Motion for Protective Order, the Court ORDERS THE PARTIES TO APPEAR ON THURSDAY, SEPTEMBER 10, 2026 at 2:30 p.m. in Dept. 512.

The Court provides the following substantive Tentative Ruling to direct discussions at the Thursday, 9/10/2026 hearing.

Defendants’ Motion for Protective Order (“MPO”) requests to stay discovery pending resolution of Defendants’ Demurrer to plaintiff Tanya Dennis’ (“Plaintiff”) Fourth Amended Complaint (“FOAC”). However, the Court entered a final Order sustaining Defendant’s Demurrer to the FOAC in part with leave to amend and in part without leave to amend on 7/30/2026. The Court’s 7/30/2026 Order ordered Plaintiff to file and serve a Fifth Amended Complaint no later than 8/19/2026. The Court has no record that Plaintiff has filed a Fifth Amended Complaint as of 9/4/2026.

Instead, while the Demurrer to the FOAC was pending, Plaintiff improperly filed a Motion for Leave to File a Fifth Amended Complaint set to be heard on 11/5/2026. Further, instead of filing and serving a Fifth Amended Complaint by 8/19/2026 as she was ordered to do, Plaintiff apparently attempted to file a Motion for Leave to File a Sixth Amended Complaint, which the Court’s Civil Filing Dept. rejected on 8/17/2026.

Also, on 7/27/2026 and 7/29/2026, Plaintiff appears to have filed the same motion for discovery sanctions against Defendants twice, with the motion set to be heard on 11/10/2026.

In accordance with this procedural posture, the Court ORDERS as follows.

The Court elects to treat Defendants’ MPO as one to stay discovery by all parties to this action until Plaintiff’s complaint has been settled.

The Court GRANTS Defendants’ MPO. No party shall be required to respond to any pending discovery requests until thirty (30) days after Defendants file an Answer to Plaintiff’s Fifth Amended Complaint or any Demurrer or Motion to Strike the Fifth Amended Complaint has been resolved by a final Order.

The Court ORDERS Plaintiff to file and serve a Fifth Amended Complaint no later than Friday, 9/18/2026 in any form she wishes or containing any further amendments she wishes to make to her pleading so long as her amendments are consistent with what the Court authorized in its 7/30/2026 Order on Defendant’s Demurrer to the FOAC. 25CV121478: DENNIS vs FRAZIER 09/10/2026 Hearing on Motion for Protective Order filed by Donald Frazier (Defendant) + CRS# 497868297455 in Department 512

However, if Plaintiff does not file and serve a Fifth Amended Complaint by the close of business on Friday, 9/18/2026, the Court AUTHORIZES Defendants to move the Court on an ex parte basis to dismiss this action. Defendants shall provide Plaintiff with at least five (5) days’ advance notice of the date and time of any such ex parte hearing. Defendants shall provide evidence they duly notified Plaintiff in their ex parte application papers.

The Court ORDERS the 11/5/2026 hearing on Plaintiff’s Motion for Leave to File a Fifth Amended Complaint and the 11/10/2026 hearing on Plaintiff’s Motion for Discovery Sanctions DROPPED.

The Court ORDERS that Plaintiff may not file any more motions regarding discovery or regarding her pleading until the pleadings are settled in this action.

As the Court has previously advised Plaintiff, in pro per litigants are subject to all the same rules of pleading and procedure as parties represented by professional legal counsel. (Kabbe v. Miller (1990) 226 Cal.App.3d 93, 98; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1247; see also People v. Clark (1990) 50 Cal.3d 583, 625.)

If Plaintiff has not done so already, Plaintiff is encouraged to obtain the advice of licensed counsel (including, e.g., through the Alameda County Bar Association’s attorney referral service (https://www.acbanet.org/need-a-lawyer/ or (510) 302-2222)); access online self-help guides and tools at the California Courts Self Help website (https://selfhelp.courts.ca.gov/civil-lawsuit); and/or to seek assistance at the County Law Library (https://lawlibrary.acgov.org).

Legal Access Alameda also holds the Community Legal Assistance Saturday Program on the FIRST Saturday of each month. Callers may leave a message from 10 a.m. - 12:00 p.m. at (510) 485-9933, with return phone consultations occurring later that day. More information is available at legalaccess.org or (510) 302-2222.

If Plaintiff is now a resident of Los Angeles County, she may also seek information or assistance from the Los Angeles County Bar Association at https://lacba.org or she may contact the LA Law Library in downtown Los Angeles at 213-785-2529.