Judge: Armen Tamzarian, Case: 21STCV42411, Date: 2023-09-06 Tentative Ruling

Case Number: 21STCV42411    Hearing Date: March 6, 2024    Dept: 52

Plaintiff Lois Meehan’s Motion for Leave to File Second Amended Complaint or, in the Alternative, to Substitute Lois Meehan for Gerald Meehan as Plaintiff

Plaintiff Lois Meehan moves for leave to file a second amended complaint.  Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (CCP § 473(a)(1).)  “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.)  Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.”  (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) 

Plaintiff shows good cause to permit leave to file the second amended complaint.  Defendants do not oppose the motion.

Among other amendments, the second amended complaint substitutes Lois Meehan as successor-in-interest for the late plaintiff Gerald Meehan.  Code of Civil Procedure section 377.31 provides, “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”  Lois Meehan’s declaration fulfills the requirements of Code of Civil Procedure section 377.32.    

Plaintiff Lois Meehan’s motion for leave to file second amended complaint is granted.  Plaintiff Lois Meehan shall file the second amended complaint attached as Exhibit 1 to the declaration of Scott Meehan forthwith.