Judge: Christian R. Gullon, Case: 22PSCV01910, Date: 2024-08-14 Tentative Ruling

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Case Number: 22PSCV01910    Hearing Date: August 14, 2024    Dept: O

Tentative Ruling

DEFENDANT FLEET LOGIC dba VELOCITY TRUCK RENTAL’S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AN AMENDED ANSWER is GRANTED.

Background

This case arises from a motor vehicle accident. Plaintiffs ELDRIS HERRERA SHUPAN and BLANCA LOPEZ GUARDADO (parents of decedent, Christian Lopez) allege the following against Defendants VASQUEZ TRANSPORT, INC. (“Vasquez Trucking”), a California corporation, and EDUARDO ANTONIO COREA (“Corea”) (collectively, “Defendants”) : On March 9, 2021, Corea was driving Defendant Vasquez Transport’s semitruck and trailer. Defendant Corea pulled over and initiated the parked regeneration, which was necessary because vehicle was losing power. Corea, however, failed to place appropriate warning devices around the vehicle such that decedent rear ended the vehicle and died at the scene.

On November 18, 2022, Plaintiffs filed suit against Defendants for:

On December 14, 2022, Plaintiffs filed their first amended complaint (FAC).

On February 14, 2023, Defendants filed their answer.

On January 9, 2024, Plaintiffs named FLEET LOGIC, LLC DBA VELOCITY TRUCK RENTALS (“Fleet Logic”) as Doe 1.

On July 17, 2024, Defendant Fleet Logic filed the instant motion.

Discussion

Fleet Logic brings forth the motion pursuant to Code of Civil Procedure sections 473 and 576, both of which, in the furtherance of justice and upon such terms as may be proper, allows the amendment of any pleading.

Due to an inadvertent oversight by defense counsel, the Graves Amendment was not raised as an affirmative defense in the answer filed for Defendant. The Graves Amendment is an important defense for moving Defendant as it holds that an owner of a motor vehicle (as Fleet Logic is here) “shall not be liable for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle” if (i) the owner of the vehicle is in the trade or business of renting vehicles and (ii) there is no negligence or criminal wrongdoing on part of the owner of the motor vehicle. (Motion p. 5, quoting 49 U.S.C. §30106 (a).)

As for any prejudice with granting the motion, the court finds none as the case is in its early stages. In fact, denying the motion now to then have the motion filed in later stages of litigation would arguably create prejudice (additional costs, additional discovery, etc.). (Motion p. 5:1-2.) Even assuming there were concerns with prejudice, there is a strong policy in favor of liberal allowance of amendments. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 297; Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488- 489 [trial courts “are to liberally permit such amendments, at any stage of the proceeding…rest[ing] on the fundamental policy that ‘cases should be decided on their merits.’”], internal citations omitted.)

Thus, with no defects and good cause to grant the motion, the motion is granted.

Conclusion

Based on the foregoing, the motion is granted.