Judge: Carolyn M. Caietti, Case: 37-2021-00002319-CU-PO-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00002319-CU-PO-CTL HE VS METROPOLITAN TRANSIT SYSTEM [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 12/21/2023

Defendant San Diego Association of Governments' Motion for Leave to File Amended Answer is GRANTED. (C.C.P., § 473(a)(1).) The Court considered Plaintiffs' late opposition. (C.C.P., § 1005(b).) While there is some delay and prejudice to Plaintiffs, 'liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is permanently deprived of a defense.' (Hulsey v. Koehler (1990) 218 Cal.App.3d 1150, 1159; see also, C.C.P., § 473(a)(1).) Plaintiffs do not dispute they have known about this defense as it was raised by other defendants. (Declaration of JohnPaul Salem, at ¶ 13.) Trial is nine months away and there is still time to conduct discovery on the defense and prepare for trial.

The Court expects all parties to comply with all discovery laws and rules and encourages the parties to schedule an informal discovery conference if any discovery disputes related to the new defense arise.

Defendant is ordered to file the proposed amended complaint by January 31, 2024. (Declaration of JohnPaul Salem, at Ex. A.) The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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