Judge: Armen Tamzarian, Case: 23STCV02949, Date: 2023-08-18 Tentative Ruling

Case Number: 23STCV02949    Hearing Date: October 19, 2023    Dept: 52

Plaintiff Arturo Sanchez’s Motion for Joinder and Motion for Leave to Amend

Motion for Joinder  

            Plaintiff Arturo Sanchez filed a motion for joinder on Judicial Council Form FL-371.  This form is used in family law proceedings to join parties under Family Code section 2021 and California Rules of Court, rule 5.24.  That procedure does not apply to civil actions like this one.

            On April 14, 2023, and again on July 25, 2023, the court admonished plaintiff for filing numerous random, frivolous requests that are inapplicable to this lawsuit.  Again, plaintiff has not heeded the court’s warning.  The court again admonishes plaintiff to only file motions and requests that are applicable to this civil lawsuit.  The Judicial Council forms are organized and labeled by the type of proceeding.  For example, any form beginning with “FL” only applies to family law cases.

            Plaintiff Arturo Sanchez’z motion for joinder is denied.

Motion for Leave to Amend

            Plaintiff Arturo Sanchez moves for leave to amend his complaint. 

This motion is procedurally defective.  California Rules of Court, rule 3.1324(a) provides: “A motion to amend a pleading before trial must: (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.” 

Plaintiff’s motion meets none of these three requirements.  Plaintiff does not explain how he wants to amend the complaint.  Instead, the motion acknowledges plaintiff did file a first amended case in related case No. 22STCV39002 on June 16, 2023.

Plaintiff Arturo Sanchez’z motion for leave to amend is denied.