Le vs. Omni Invictus, LLC

The Clerk shall give notice of the ruling.

2. 2024-1432981 The Court denies Plaintiff Lucy Pham Le’s Motion to vacate the Le vs. Omni May 28, 2025, Order granting Defendants Omni Invictus LLC, Invictus, LLC Sandor & Tompkins, Jennifer Tompkins, and Holly Monte’s Anti- SLAPP Motion.

Plaintiff moves under Code of Civil Procedure §§ 473(b) and 473(d) on the grounds that the Court's order was based on a legal error and is “void or legally improper”.

Section 473(b) allows the court in its discretion to “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect”. (CCP § 473.)

Here, Plaintiff does not argue her mistake, inadvertence, surprise, or excusable neglect. This section is inapplicable.

Section 473(d) provides that the court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Void judgments, e.g., where the court “lacked subject matter jurisdiction, lacked personal jurisdiction over the defendant, or granted relief the court had no power to grant,” are distinct from merely voidable judgments, e.g., where the court “exceeds its jurisdiction by acting contrary to its statutory duties.” Voidable judgments are not subject to CCP § 473(d). (W. Bradley Elec., Inc. v. Mitchell Engineering (2024) 100 CA5th 1, 13—settlement and judgment not authorized by client are only voidable (dicta).)

Here, the 5/28/25 Order granting Defendants Omni Invictus LLC, Sandor & Tompkins, Jennifer Tompkins, and Holly Monte’s Special Motion to Strike (Anti-SLAPP) as to Plaintiff’s Complaint is not void.

The Court has already denied Plaintiff’s Motion for reconsideration. (ROA 162.) The instant does not provide a proper legal basis for another round of reconsideration.

Thus, the Motion is denied.

Plaintiff is ordered to serve notice.

3. 2021-1178346 The general demurrer by Defendant Spireon, Inc. (“Defendant”) to HONOR the second, fourth, fifth, and sixth causes of action alleged in the FINANCE, First Amended Complaint (“FAC”) filed by Plaintiffs Honor Finance, LLC vs. LLC (“Honor Finance”) and Honor Finance Holdings, LLC (“Honor