Judge: Audra Mori, Case: 22STCV09618, Date: 2022-10-26 Tentative Ruling

Case Number: 22STCV09618    Hearing Date: October 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Natividad Valeriano (“Plaintiff”) filed this action against defendants Vallarta Food Enterprises, Inc., et al. for damages injuries relating to Plaintiff’s trip and fall at defendants’ market.  Plaintiff alleges that while she was shopping, she tripped over a protruding metal leg of a display rack.  Defendant Santa Isabel Enterprises, Inc. dba Vallarta Supermarkets #24 (“Defendant”), erroneously sued as Vallarta Food Enterprises, Inc. and Gonzalez Management Company, Inc., filed its answer to the complaint on July 14, 2022.     

At this time, Defendant moves for leave to file a First Amended Answer (“FAA”) to Plaintiff’s complaint.  No opposition to the motion 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, 486-488.

Here, Defendant asserts that its counsel mistakenly indicated the original answer was being filed on behalf of Defendant and an incorrect entity.  Defendant now wishes to file the FAA to clarify the correct entity and defendant in this action.  Defendant provides that Plaintiff does not oppose and has stipulated to the filing of the FAA.  (Mot. Exh. A.)  Defendant provides a copy of its proposed FAA.

The motion is unopposed and granted.  The trial in this action is scheduled for September 15, 2023, and thus, the parties will not be prejudiced by this ruling.  

Defendant is ordered to file and serve a separate copy of its FAA within ten days. 

Defendant 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 26^th day of October 2022