Judge: Carolyn M. Caietti, Case: 37-2022-00020668-CU-OR-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00020668-CU-OR-CTL BRUCE VS CORTEZ BLU COMMUNITY ASSOCIATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Brandon Bruce's Motion for Leave to File a Supplemental Complaint is DENIED.

Here, the original complaint alleged breach of the CC&Rs, nuisance and declaratory relief. The proposed supplemental complaint seeks to allege six additional causes of action, including negligence, trespass, breach of fiduciary duty, violation of Civil Code section 6100, breach of the implied covenant of good faith and fair dealing and violation of Civil Code section 5910, which is not permitted. (C.C.P., § 464; Flood v. Simpson (1975) 45 Cal.App.3d 644, 647 [A court may properly deny a motion on the basis the supplement to the complaint seeks to introduce new causes of action]; Young v. Matthew Turner Co. (1914) 168 Cal. 671, 675 ['It is not allowable to substitute a new and distinct cause of action by way of supplemental complaint.'].) Plaintiff's reliance on Lincoln Property Co., N.C., Inc. v. Travelers Indemnity Co. (2006) 137 Cal.App.4th 905 is not persuasive. First, it acknowledges permission to file a supplemental complaint is in the discretion of the trial court, 'provided it is in furtherance of and consistent with the original complaint and is not a new or independent cause of action.' (Id., at p. 916 (emphasis added).) Second, the court found a bad faith claim was not dependent nor did not arise out of a breach of the duty to defend. (Ibid.) Here, Plaintiff does not sufficiently explain how the proposed additional causes of action are dependent or rise out of the three originally plead causes of action. Rather, they are separate, independent and distinctly new causes of action seeking different forms of relief.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final order.

Plaintiff is ordered to serve written notice of the Court's final order on all appearing parties by April 3, 2024.

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