Judge: Armen Tamzarian, Case: 22STCV33976, Date: 2023-10-27 Tentative Ruling

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Case Number: 22STCV33976    Hearing Date: October 27, 2023    Dept: 52

Plaintiff Century Rooter and Jetting Service, Inc.’s Motion for Leave to File Second Amended Complaint

Plaintiff Century Rooter and Jetting Service, Inc. moves for leave to file a second amended complaint to add new claims for conversion of additional property.

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.) 

No defendant has opposed this motion.  Permitting the amendment is in the furtherance of justice. 

Plaintiff Century Rooter and Jetting Service, Inc.’s motion for leave to file second amended complaint is granted.  Plaintiff is ordered to file the second amended complaint (attached to as Exhibit A to the declaration of Stephen Loomis Bucklin) forthwith.