Judge Alison Mackenzie, Case Number: 24STCV09728, Date: 2024-09-16 Tentative Ruling

Judge: Alison Mackenzie, Case: 24STCV09728, Date: 2024-09-16 Tentative Ruling

Case Number: 24STCV09728 Hearing Date: September 16, 2024 Dept: 55

NATURE OF PROCEEDINGS: Hearing on Plaintiffs’ Motion For Leave to File First Amended Complaint

The Motion For Leave to File First Amended Complaint filed by Plaintiffs on 8/14/2024 is granted.

BACKGROUND

Plaintiffs Vanessa Sandoval, Jesse Foreman, and Coleen Plimmer bring this action against Defendants Tournament Patio Apartments, LLC, dba Tournament Patio Apartments, Simplex Realty Services, Inc., and Doe defendants 1 to 25. The Plaintiffs, tenants of a building owned or managed by Defendants, allege harassment by the Defendants’ property manager.

The causes of action are:

(1) Breach of the Covenant of Quiet Enjoyment

(2) Nuisance

(3) Retaliatory Eviction

Plaintiffs now bring a motion seeking leave of Court to file a First Amended Complaint, which would add Elder Abuse as a cause of action. The motion is unopposed.

LEGAL STANDARD

Code Civ. Proc. § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”

“This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047. Under California Rules of Court, rule 3.1324(a), a motion to amend a pleading shall (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

Under California Rules of Court, rule 3.1324(b), a separate declaration must accompany the motion and must specify (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.

ANALYSIS

Plaintiffs seek leave to file a First Amended Complaint adding a cause of action for Elder Abuse based on alleged continued wrongdoing during the pendency of the case. Motion at p. 5:16-23. Plaintiffs allege the amendment is necessary because since filing the original complaint, Defendants’ property manager commenced an unlawful detainer action, continued harassing and threatening Plaintiffs, and physically attacked Plimmer and Foreman, causing injuries. Id. at p. 2:7-13.

Plaintiffs contend there is no prejudice to Defendants as the First Amended Complaint makes no difference in the proof, involves no unfairness, and no depositions have been taken. Id. at p. 7:3-9. Defendants have not filed an opposition.

The Court grants Plaintiffs’ Motion for Leave to File the First Amendment Complaint.

CONCLUSION

Plaintiffs’ Motion For Leave to File First Amended Complaint is granted. Plaintiffs shall file and serve the First Amended Complaint within 10 days of this order.