Judge: Audra Mori, Case: 22STCV06719, Date: 2022-12-16 Tentative Ruling

Case Number: 22STCV06719    Hearing Date: December 16, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Yu Chol Kim (“Plaintiff”) filed this action against defendants Restaurant Depot, Jetro Cash & Carry, and Does 1-20 for damages relating to Plaintiff’s slip and fall while entering defendants’ store.  The complaint alleges a single cause of action for premises liability against defendants.        

At this time, Plaintiff moves for leave to file a First Amended Complaint (“FAC”) to add a cause of action for general negligence against defendants.  No opposition has been received. 

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.  CCP §§473 and 576.  Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted.  The application for leave to amend should be made as soon as the need to amend is discovered.  The closer the trial date, the stronger the showing required for leave to amend.  If the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the Court has the discretion to deny leave to amend.  (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) 

Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, or added costs of preparation such as an increased burden of discovery.  (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-88.)

In this case, Plaintiff asserts that upon the association of new counsel for Plaintiff, new evidence was discovered that supported a negligence claim.  Further, Plaintiff avers that there will be no prejudice to defendants by addition of the negligence cause of action. 

The motion is unopposed and granted.  The trial in this action is scheduled for August 23, 2023, and thus, the parties will have sufficient time to respond to the FAC and prepare for trial.  

Plaintiff is ordered to file a separate copy of the FAC within ten days.  Plaintiff is ordered to serve defendants in compliance with the Rules of Court. 

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 16^th day of December 2022