Judge: Armen Tamzarian, Case: 21STCV20085, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV20085    Hearing Date: December 16, 2022    Dept: 52

Plaintiff MKK Express Inc.’s Motion for Leave to File Second Amended Complaint

Plaintiff MKK Express Inc. moves for leave to file a second amended complaint. Courts may only permit amended pleadings “after notice to the adverse party.” (CCP § 437(a)(1).) Plaintiff has not shown it gave notice of this motion and hearing to defendant Fan Shi. The proof of service attached to this motion is incomplete. It states the declarant served the documents “[b]y the following method,” followed by four boxes to check (and accompanying text) for different methods of service. Plaintiff did not check any of the boxes. That is not adequate proof of service.

The motion is denied without prejudice.

The parties are hereby ordered to meet and confer within 10 days regarding whether to stipulate to the filing of a second amended complaint.