Judge: Barbara M. Scheper, Case: BC653241, Date: 2023-09-29 Tentative Ruling

Case Number: BC653241    Hearing Date: September 29, 2023    Dept: 30

Dept. 30

Calendar No. 

Howard Finn MD, et. al. vs. California Anesthesia Medical, et. al., Case No. BC653241

Tentative Ruling re:  Motion for Leave to Amend Complaint

Plaintiffs Howard Finn, M.D., Douglas Thom, M.D., and Ricky Lee Sedgwick, D.O. move to substitute Sam Leslie, as Chapter 7 Trustee in Bankruptcy for California Anesthesia Medical Consultants, Inc., as plaintiff in this action. The motion is granted.

The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) 

In this action, Plaintiffs have asserted claims against Defendants under the Uniform Voidable Transactions Act (UVTA).

On March 29, 2023, Defendant California Anesthesia Medical Consultants, Inc. (CAMC) filed for Chapter 7 Bankruptcy. (Hess Decl. ¶ 2, Ex. A.) Sam Leslie has been appointed as Chapter 7 Trustee for CAMC. (Hess Decl. ¶ , Ex. B.) Plaintiffs move to substitute Sam Leslie as plaintiff for their UTVA cause of action.

“It is of course indisputable that any causes of action which accrue to a debtor who has filed for relief under the Bankruptcy Act before the filing of the bankruptcy petition become the property of the bankruptcy estate and may thereafter be prosecuted only by the trustee or a duly appointed representative of the estate.” (Haley v. Dow Lewis Motors, Inc. (1999) 72 Cal.App.4th 497, 504.) “[Courts] construe Code of Civil Procedure section 473 to permit amendment to substitute a plaintiff with standing for one who is not a real party in interest.” (Id. at 507.)

Substitution of Leslie as the real party in interest is appropriate. Plaintiffs have attached a copy of the proposed Fourth Amended Complaint. (Hess Decl. ¶ 5, Ex. D.) The motion is granted.