Brian M. Lowenthal v. Wilshire Commercial Properties LLC, et al.

Summary

The United States District Court for the Central District of California accepted a magistrate judge's findings and recommendation and addressed Plaintiff's untimely amended complaint and request for emergency injunctive relief. The court denied the request for a temporary restraining order and ordered judgment dismissing the action with prejudice because the amended complaint asserted no viable basis for federal jurisdiction or claim for relief.

Holdings

1. The Amended Complaint could not proceed because it was filed in violation of the magistrate judge's order, and, even if considered, it failed to state a viable claim or establish an independent basis for federal jurisdiction.
2. The TRO Request was denied because Plaintiff had not alleged a viable claim and therefore could not show a likelihood of success on the merits.

Questions Presented

1. Whether the district court should approve and accept the magistrate judge's Report and Recommendation when Plaintiff did not timely object.
2. Whether the untimely Amended Complaint could proceed when it violated the magistrate judge's order and failed to state a viable claim or establish federal jurisdiction.
3. Whether Plaintiff was entitled to a temporary restraining order preventing a state-court unlawful-detainer action and eviction from proceeding.

Disposition

dismissed