Judge: Armen Tamzarian, Case: 21STCV07947, Date: 2023-03-17 Tentative Ruling

Case Number: 21STCV07947    Hearing Date: March 17, 2023    Dept: 52

Plaintiff Wayne Olson’s Motion for Leave to File First Amended Complaint   

Plaintiff moves for leave to file a first amended complaint to replace the late Wayne Olson with Susan L. Olson as representative of the estate of Wayne Olson.

Plaintiff did not give adequate notice of this motion.  Motions must “be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).)  Plaintiff served and filed this motion on March 8, only seven court days before this hearing on March 17.

Plaintiff also did not show valid proof of service of the moving papers.  The proofs of service state counsel Trevor Courtney served defendants “by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them.”  That only applies to federal court.  In this court, filing papers alone does not result in notice to the other parties.  The moving party must separately serve the moving papers. 

Plaintiff’s motion for leave to file first amended complaint is denied without prejudice.