Orders at a Glance
| Date | Order / Ruling | Judge | Dept. | Result |
|---|---|---|---|---|
| July 24, 2025 | Temporary Restraining Order | Hon. James C. Chalfant | 85 | Granted |
| September 4, 2025 | Preliminary Injunction (vs. Cieszynski & Marenco) | Hon. James C. Chalfant | 85 | Granted |
| September 4, 2025 | Preliminary Injunction (vs. Aghazarian) | Hon. James C. Chalfant | 85 | Denied |
| January 12, 2026 | Cieszynski Motion for Leave to File Anti-SLAPP | Hon. Richard L. Fruin | 15 | Denied |
| June 15, 2026 | Cieszynski & Metro Anti-SLAPP Motion to Strike | Hon. Cherol J. Nellon | 300 | Denied |
| August 12, 2026 | Hearing — MSA / Pending Motions | TBD | TBD | Upcoming |
Temporary Restraining Order — July 24, 2025
Case: Moda v. Aghazarian, et al. | Judge: Hon. James C. Chalfant | Department: 85, Stanley Mosk Courthouse | Filed: July 25, 2025
On July 24, 2025, Judge Chalfant granted Plaintiff's ex parte application for a Temporary Restraining Order and issued an Order to Show Cause re Preliminary Injunction. The TRO was signed and filed July 25, 2025.
Parties Restrained
The TRO was directed to Defendants Argam Aghazarian, Joshua Cieszynski, Frank Marenco, and Action Property Management, Inc. (and all persons acting in concert with them).
TRO Prohibitions
Pending hearing on the Order to Show Cause, the defendants and their agents were restrained and enjoined from:
Unit Lockout
Locking Plaintiff out of Unit 801, 889 Francisco Street, Los Angeles, CA 90017.
Elevator & Parking
Denying Plaintiff access to the elevator and parking garage.
Mail & Packages
Interfering with Plaintiff's receipt of mail or packages.
Trash & Mail Collection
Preventing Plaintiff from taking out the trash or collecting mail.
Order to Show Cause Provisions
The OSC re Preliminary Injunction additionally called on defendants to show cause why they should not be enjoined from: denying or restricting Plaintiff's access to Unit 801; changing locks or disabling key fobs; refusing package delivery or mail services; denying maintenance requests or repairs; restricting access to common areas, amenities, or services; and engaging in any harassment, intimidation, or retaliation against Plaintiff.
Briefing Schedule
The court set opposition due August 7, 2025 and reply due August 11, 2025. The OSC hearing was initially set for August 14, 2025, but was continued to September 4, 2025 due to defective service issues.
IT IS SO ORDERED. — Hon. James C. Chalfant, July 25, 2025
Preliminary Injunction Decision — September 4, 2025
Caption: Kevin Moda v. Agram Aghazarian et al., 25STCV19732 | Judge: Hon. James C. Chalfant | Filed: September 4, 2025
Judge Chalfant issued a written decision on September 4, 2025 on Plaintiff's application for a preliminary injunction. The decision is described as a "Tentative decision on application for preliminary injunction: granted in limited respect."
Procedural Context Noted by the Court
The court documented the following procedural history in its decision:
| Date | Event |
|---|---|
| July 7, 2025 | Complaint filed — 11 causes of action |
| July 8, 2025 | Aghazarian, Cieszynski, and Marenco personally served; APM served by substituted service |
| July 24, 2025 | TRO granted and OSC issued |
| October 4, 2025 | Moda amended the Complaint to substitute Oleg Pariser for Doe 1 |
| August 6, 2025 | Cieszynski and Marenco each filed Answers and Cross-Complaints against Aghazarian |
| August 11, 2025 | Aghazarian filed Answer and Cross-Complaint against Cieszynski and Marenco |
| August 14, 2025 | Hearing continued to September 4 due to defective service |
| August 14, 2025 | Moda served Pariser by substituted service and mail |
| August 18, 2025 | Clerk entered dismissal of all causes as to Action Property Management, Inc. per Moda's August 8 request |
Court's Legal Standard
The court applied the two-factor standard for preliminary injunctions under CCP § 526(a): (1) the reasonable probability that the plaintiff will prevail on the merits at trial, and (2) the balance of the "irreparable harm" the plaintiff is likely to sustain if the injunction is denied versus the harm defendants would suffer if it is granted.
Ruling as to Aghazarian — DENIED
The court found that "Moda has not shown a probability of success against Defendant Aghazarian and the application is denied as to him."
The court found that Aghazarian's evidence showed he did not sublet the unit to Moda, did not intend to enter a landlord-tenant relationship with Moda, and had taken only legal steps to evict. The court noted Aghazarian was not present when Moda was locked out on July 17, 2025, and had affirmatively granted the Association permission to let Moda back in.
Aghazarian presented evidence that he leased Unit 801 to Illana Stuppel on February 28, 2025, with the lease prohibiting sublease. Stuppel initially introduced Moda as "her assistant." Aghazarian assumed Moda was Stuppel's associate until Stuppel's July 25, 2025 email declared the Agreement void.
Aghazarian argued he never intended to enter a landlord-tenant relationship with Moda and had been trying to evict him lawfully through the three-day notice process.
Ruling as to Cieszynski and Marenco — GRANTED
"Moda has shown a limited probability of success against Defendants Cieszynski and Marenco."
The court found that while Cieszynski and Marenco fully explained many of the issues raised, "They fail to show, however, that Moda cannot succeed on any of his claims of intentional infliction of emotional distress and unfair competition law."
The court further noted that defendants' argument of mootness (because Moda now had access via the TRO) "does not moot an issue that is capable of repetition when there is no injunctive restraint in place."
The court found the balance of hardships favored Moda: "Without injunctive relief, Moda may lose access to his home and the quiet enjoyment thereof, while Defendants will suffer only monetary damages if injunctive relief is granted."
The court also found Moda had shown a prima facie case for wrongful eviction and breach of the covenant of quiet enjoyment, citing Petroleum Collections, Inc. v. Swords (1975) and Guntert v. City of Stockton (1976).
Scope of the Preliminary Injunction (Active)
The PI granted against Cieszynski and Marenco prohibits them from:
Unit 801 Access
Denying Moda access to Unit 801 at 889 Francisco Street.
Package & Mail Services
Refusing package delivery or mail services to Moda.
Common Areas & Services
Restricting Moda's access to any common areas, amenities, or services.
The Preliminary Injunction remains in effect pending trial.
Cieszynski — Motion for Leave to File Anti-SLAPP — January 12, 2026
Judge: Hon. Richard L. Fruin | Department: 15, Stanley Mosk Courthouse | Nature of Proceedings: Hearing on Motion for Leave to File Motion to Strike Under CCP § 425.16
On January 12, 2026, Judge Fruin denied Cieszynski's Motion for Leave to File a Motion to Strike under CCP § 425.16. Cieszynski had filed this motion for leave on December 15, 2025.
The minute order reflects that both sides appeared by telephone — Plaintiff was represented by Vip Bhola (telephonic), with Kevin Moda also appearing. Defense appearances included Nathaniel S. Brown III, Tristan A. Mullis, Oleg Pariser, and Sitora Reznikov (all telephonic).
The Motion for Leave — Notice of Motion and Motion for Leave to File Motion to Strike Under CCP § 425.16 filed by Joshua Cieszynski on 12/15/2025 is Denied. — Minute Order, January 12, 2026, Hon. Richard L. Fruin
This ruling was the first court finding that Cieszynski could not pursue anti-SLAPP relief, establishing the bar under CCP § 1008(b) against filing a successive motion. Notwithstanding this ruling, Cieszynski and Metro Property Management LLC filed a "new" Anti-SLAPP motion on February 26, 2026 — which was subsequently denied on June 15, 2026.
Cieszynski & Metro — Anti-SLAPP Motion — June 15, 2026
Judge: Hon. Cherol J. Nellon | Department: 300, Stanley Mosk Courthouse | Filed: February 26, 2026 | Ruling Date: June 15, 2026
On June 15, 2026, Judge Nellon issued a ruling denying the Special Motion to Strike under CCP § 425.16 filed by Joshua Cieszynski and Metro Property Management LLC (Doe 2) on February 26, 2026. The matter had been taken under submission on May 18, 2026.
The court issued its written order this date. Both the Minute Order and the Court's separately signed written order were served on all counsel of record by certificate of mailing.
The Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) (CRS #8534) filed by Joshua Cieszynski, Metro Property Management, LLC (Doe 2) on 02/26/2026 is Denied. — Minute Order, June 15, 2026, Hon. Cherol J. Nellon
For a full analysis of the grounds for the June 15, 2026 denial, see the Motions & Rulings page, which details the four independent grounds: (1) untimeliness under CCP § 425.16(f); (2) successive motion bar under CCP § 1008(b); (3) the Flatley illegality exception; and (4) Plaintiff's established probability of prevailing on Prong 2.
Full Procedural Register
The Register of Actions (as of January 2, 2026) reflects the following key procedural events. Discovery motions are listed separately.
| Date | Filing / Event |
|---|---|
| July 7, 2025 | Complaint filed (11 causes of action) |
| July 8, 2025 | Summons served; personal service on Aghazarian, Cieszynski, Marenco; substituted service on APM |
| July 24–25, 2025 | TRO granted; OSC re Preliminary Injunction issued — Judge Chalfant, Dept. 85 |
| August 6, 2025 | Cieszynski and Marenco file Answers + Cross-Complaints vs. Aghazarian |
| August 8, 2025 | Moda requests dismissal of APM from all causes |
| August 11, 2025 | Aghazarian files Answer + Cross-Complaint vs. Cieszynski and Marenco |
| August 14, 2025 | OSC continued to September 4 — defective service |
| August 14, 2025 | Moda serves Pariser by substituted service and mail |
| August 18, 2025 | APM dismissed from all causes of action |
| September 4, 2025 | Preliminary Injunction granted (vs. Cieszynski & Marenco); denied (vs. Aghazarian) |
| September 9, 2025 | Unlawful Detainer complaint filed by Aghazarian (separate action, Dept. 46) |
| September 11, 2025 | UD Notices of Unlawful Detainer served on Kevin Moda and all occupants |
| September 23, 2025 | Demurrer filed (without motion to strike) |
| September 25, 2025 | Motions to Compel filed (special interrogatories, form interrogatories, production) |
| September 30, 2025 | Two Anti-SLAPP Motions filed (Cieszynski and Marenco separately) |
| October 1, 2025 | Hearing on Demurrer held |
| October 4, 2025 | First Amended Complaint — Pariser substituted for Doe 1 |
| October 6–8, 2025 | Ex Parte Applications re discovery order |
| October 22–30, 2025 | Discovery motion hearings (compel production, form interrogatories, deposition) |
| November 3–6, 2025 | Anti-SLAPP hearing dates (multiple continuances) |
| November 14, 2025 | Ruling on Submitted Matter re Anti-SLAPP hearing; Sitora Reznikov declaration filed |
| November 24, 2025 | Notice of Stay of Proceedings (Bankruptcy); Notice of Appeal filed; Ex Parte Application |
| December 15, 2025 | Cieszynski files Motion for Leave to File Anti-SLAPP |
| January 12, 2026 | Cieszynski's Motion for Leave to File Anti-SLAPP DENIED — Judge Fruin, Dept. 15 |
| February 26, 2026 | Cieszynski & Metro file new Anti-SLAPP Motion to Strike (CRS #8534) |
| May 18, 2026 | Anti-SLAPP matter taken under submission — Judge Nellon, Dept. 300 |
| June 15, 2026 | Anti-SLAPP Motion DENIED — Judge Nellon, Dept. 300 |
| August 12, 2026 | Hearing — MSA / Pending Motions (upcoming) |