Judge: Cherol J. Nellon, Case: 21STCV43491, Date: 2023-04-12 Tentative Ruling

Case Number: 21STCV43491    Hearing Date: April 12, 2023    Dept: 28

Motion for Leave to Amend Answer

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

            This action arises from an automobile accident that occurred on or about January 26, 2021. On November 29, 2021, Plaintiff Jesus Adrian Carrizoza (“Plaintiff”) brought this action against Defendant Joshua Hills Harrison (“Defendant”) for negligence.

            On December 1, 2022, Defendant filed an Answer.

            On March 16, 2023, Defendant filed this motion for leave to file a First Amended Answer pursuant to section 473 to add a fifth affirmative defense. No opposition has been filed.

            Trial is set for November 29, 2023.

PARTY’S REQUESTS

Defendant requests leave to file a First Amended Answer to include a fifth affirmative defense for Civil Code section 3333.4(a)(2) and (3), which limits the damages by uninsured vehicle owners and operators.

LEGAL STANDARD

Under California Rules of Court Rule, rule 3.1324, subdivision (a), a motion to amend a pleading shall (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. 

Under California Rule of Court, rule 3.1324, subdivision (b), a separate declaration must accompany the motion and must specify (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. 

California Code of Civil Procedure section 473, subdivision (a)(1) provides, in relevant part: “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.” 

“This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) 

DISCUSSION

            In response to Form Interrogatories served upon Plaintiff, Plaintiff did not disclose that he had any automobile insurance and answered that he was not self-insured. (Capra-Cunningham Decl. ¶ 5.) After reviewing these responses, Defendant now seeks to add a fifth affirmative defense for Civil Code section 3333.4(a)(2) and (3), which limits the damages by uninsured vehicle owners and operators. This is the only proposed change to the Answer.

            Defendant has complied with the California Rules of Court requirements. The Court finds that it is in the interest of justice to allow the filing of the proposed First Amended Answer.

CONCLUSION

            The motion for leave to file a First Amended Answer is GRANTED.

            Defendant Joshua Hills Harrison is ordered to file and serve the First Amended Answer that is attached within five days of this ruling.

            Defendant Joshua Hills Harrison is ordered to give notice of this ruling.

Defendant Joshua Hills Harrison 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.