Judge: Cherol J. Nellon, Case: 23STCV04138, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV04138    Hearing Date: December 7, 2023    Dept: 14

Hernandez v. Los Angeles County Sheriff's Department

Instant Motion

            Plaintiff now moves this court for an order permitting him to file a Second Amended Complaint to update his allegations.

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. Plaintiff is ORDERED to file his Second Amended Complaint within 30 days.

            Plaintiff is directed to serve the Defendant within 30 days of filing the Second Amended Complaint, and file proof of service thereafter. The court sets an Order to Show Cause re: filing Proof of Service for February 23, 2024, at 8:30 am.