Judge: Cherol J. Nellon, Case: 21STCV01782, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV01782    Hearing Date: April 7, 2023    Dept: 28

Plaintiff Elliott Layne’s Motion for Leave to File the First Amended Complaint

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On January 15, 2021, Plaintiff Elliott Layne (“Plaintiff”) filed this action against Defendant Jaeger Sports Academy, Inc. (“JSA”) for general negligence and products liability. Plaintiff amended the complaint to include Defendants SML, Inc. (“SML”) and Vassar College (“Vassar”).

On March 3, 2021, JSA filed an answer and the Cross-Complaint against Cross-Defendant SML for indemnity, contribution and apportionment, and declaratory relief. JSA amended the Cross-Complaint to include Cross-Defendant Vassar. On May 24, 2021, SML filed an answer. On March 18, 2022, Vassar filed an answer.

On December 30, 2021, SML filed an answer.

On July 5, 2022, Vassar filed an answer.

On March 13, 2023, Plaintiff filed a Motion for Leave to File the First Amended Complaint to be heard on April 5, 2023. On March 24, 2023, SML filed an opposition. On March 24, 2023, JGL filed a joinder to the opposition. On March 30, 2023, Plaintiff filed a reply.

Trial is currently scheduled for January 23, 2024.

PARTY’S REQUESTS

Plaintiff requests leave to file and serve the proposed First Amended Complaint. Plaintiff’s proposed amendments consists of adding in allegations of malice to support a request for punitive damages.

SML and JGL request the Court deny the motion.

LEGAL STANDARD

CCP §473(a) states “(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

(2) When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial, and may, when the postponement will by the amendment be rendered necessary, require, as a condition to the amendment, the payment to the adverse party of any costs as may be just.”

CCP §576 provides: “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.”

DISCUSSION

In January 2023, experts inspected the subject product, finding what Plaintiff believed to be indicative of defective production. JSA’s counsel acknowledge the presence of the defect and Plaintiff learned who purchased the defective product to then sell to the market. Based on this new information, Plaintiff wishes to amend the complaint to request punitive damages based on malice and added in a paragraph in support of this argument. There are no substantial changes to factual allegations.

SML argues that this motion is untimely, as Plaintiff has argued that the alleged defect was visible to the naked eye from the beginning of litigation. The Court disagrees—a party may amend the pleading at any time if the Court finds it to be in the furtherance of justice. Plaintiff is entitled to make a request for punitive damages—SML may file a Motion to Strike should it find that the argument presented in support for punitive damages is insufficient. The same basic facts are being alleged, meaning there should not be substantial need to conduct additional discovery or change trial strategy. Additionally, trial is still 9 months away, meaning parties will have enough time to adjust to any changes necessary prior to trial.

The Court grants the motion.

CONCLUSION

Plaintiff Elliott Layne’s Motion for Leave to File the First Amended Complaint is GRANTED. Plaintiff is ordered to file and serve the FAC within 5 days of the hearing on the motion.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.