A judge this week dismissed a lawsuit brought by the owners of the Classic Cat restaurant against the city of West Hollywood, litigation that began when the eatery sought a court order in 2021 allowing patio dining during coronavirus restrictions on outdoor dining.
The eatery’s owners maintained that the patio was sufficiently ventilated to avoid any potential spread of COVID-19 and also was vital to keeping the business viable.
The litigation later centered on what the restaurant owners maintained was harassment by the city that manifested itself in a variety of ways, primarily through allegedly unreasonable searches at the restaurant and purported noise violations.
The fines started at $1,000 per violation, grew to $2,000 per violation and then “skyrocketed” to $5,000 per violation, totaling about $60,000, the restaurant’s former lawyers stated in their court papers.
But Santa Monica Superior Court Judge Elaine Mandel noted in her ruling Tuesday that the city’s dismissal motion was unopposed by the Classic Cat and that after she granted a motion by the eatery’s lawyers to withdraw from the case in May, no replacements were hired.
“Plaintiff has had sufficient time to retain counsel and has not done so,” the judge wrote. “This delay has caused a delay in discovery, with an upcoming trial date, prejudicing (the city).”
The dismissal was “without prejudice,” meaning the case can be reinstated with the proper legal authority.
The Classic Cat’s former lawyers included ex-Riverside County District Attorney Rod Pacheco. In their court papers, Pacheco and his firm, Pacheco & Neach PC, stated that a breakdown occurred in the attorney-client relationship that could not be resolved.
The Classic Cat owners maintained the patio’s retractable roof created COVID-safe outdoor dining and said they also implemented other protections, including plexiglass and air ventilation improvements.
The eatery’s owners maintained that the patio was sufficiently ventilated to avoid any potential spread of COVID-19 and also was vital to keeping the business viable.
Nothing “purported” about the noise violations, as the owners well know, and which continue to this day. Either the owners have no regard for their neighbors, or their management and operations are incompetent. Hopefully, the dismissal of the suit frees Code Compliance to hold this business accountable. They deserve to be stripped of their license for the ongoing disruption to WeHo residents’ lives.
The petition does not have enough evidence, so it is reasonable for the court to dismiss it.
What the heck! What kind of heckin treatment is this from code compliance that can’t seem to conquer leaf blowers. 🙄 Guess you can’t squeeze $60,000 out of a gardener.