Judge: Carolyn M. Caietti, Case: 37-2022-00030810-CU-PO-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  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) 37-2022-00030810-CU-PO-CTL WALLACE VS SHARP HEALTHCARE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 11/02/2023

Defendants Sharp Healthcare, Grossmont Hospital Corporation and Grossmont Healthcare District's Motion for Leave to Amend Answer is GRANTED. (C.C.P., § 473(a)(1).) C.C.P. section 473 permits trial courts to allow amendments to pleadings in the furtherance of justice.

Ordinarily, courts should 'exercise liberality' in permitting amendments at any stage of the proceeding.

(Hulsey v. Koehler (1990) 218 Cal.App.3d 1150, 1159.) 'In particular, liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is permanently deprived of a defense.' (Ibid.) Here, there is some unexplained delay in bringing the motion as Defendants did not explain how they did not know Plaintiff was an employee and why they waited a year to bring this motion after receiving Plaintiff's discovery responses. There is also some unexplained prejudice on Plaintiff's part as she did not identify what discovery will be impacted. Notwithstanding, the parties had knowledge of this issue and the facts giving rise to the defense. Trial is still four months away and there is 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 answer by April 19, 2024. (Declaration of Saul Lopez, at Ex. C.) Plaintiff is reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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