Judge Cherol J. Nellon, Case Number: 22STCV38641, Date: 2023-11-20 Tentative Ruling

Judge: Cherol J. Nellon, Case: 22STCV38641, Date: 2023-11-20 Tentative Ruling

Case Number: 22STCV38641 Hearing Date: November 20, 2023 Dept: 14

Instant Motion

Plaintiff now moves this court for an order permitting them to file a First Amended Complaint adding causes of action for breach of contract and common counts.

Governing Standard

“[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings. [Citations]. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” Howard v. County of San Diego (2010) 184 Cal.App.4^th 1422, 1428. It is an abuse of discretion to deny leave to amend based on delay alone; the amendment must affirmatively prejudice the opposing side. Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565. However, prejudice exists where the delay is unwarranted and the result will be additional cost for trial preparation, witness depositions, and other discovery. See Doe v. Los Angeles County Dept. of Children & Family Services (2019) 37 Cal.App.5^th 675, 689 (citing Melican v. Regents of University of California (2007) 151 Cal.App.4^th 168, 175); P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4^th 1332, 1345 (citing Huff v. Wilkins (2006) 138 Cal.App.4^th 732, 746).

Decision

The motion is GRANTED. Plaintiffs are ORDERED to file their First Amended Complaint within 7 days.

The motion is unopposed. This amounts to a concession that it has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.