Judge: Christopher K. Lui, Case: 20STCV47977, Date: 2023-03-21 Tentative Ruling

Case Number: 20STCV47977    Hearing Date: March 21, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

            Plaintiff alleges that she was subjected to sex and disability harassment and discrimination, forcing Plaintiff to take a medical leave, and was further harassed upon her return.

            Defendant Rogelio Navarete filed a Cross-Complaint alleging that Plaintiff’s allegations have caused him emotional distress

            Plaintiff Sandra Goumghar brings a motion for leave to file an amended complaint.

TENTATIVE RULING

Plaintiff Sandra Goumghar’s motion to file a First Amended Complaint is DENIED. However, Plaintiff may bring a noticed-motion leave to file a supplemental complaint.

ANALYSIS

Motion To File Leave To File An Amended Complaint

            Plaintiff Sandra Goumghar brings a motion for leave to file an amended complaint to add wrongful termination in violation of public policy as an eleventh cause of action and adverse employment action.

            The basis for this motion is that on September 12, 2022—almost two years after this action was filed—Manager/Defendant Mike Ruiz advised Plaintiff that Wal-Mart was eliminating the position of Greeter and, therefore, Plaintiff should resign and receive a severance package. Plaintiff subsequently revoked any resignation and requested a return to work but, to date, Defendant Wal-Mart has refused to permit Plaintiff to return to work.  (Oakley Decl. ¶ 4, Ex. 1.)

             “The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.” (Civ. Proc. Code, § 464(a).) 

[T]echnically an amended complaint will supersede the original complaint unless there is something in the former showing that it is to be considered merely an amendment to the complaint and a "supplementary" complaint is supposed to deal only with facts arising subsequently to the filing of the original complaint and has nothing to do with amendment to conform to the proofs,

(Nels E. Nelson, Inc. v. Tarman (1958) 163 Cal.App.2d 714, 720.)

The rule appears to be that where a complaint is unobjectionable, a supplemental pleading may be filed in aid thereof, which, leaving the original complaint intact, brings to notice material facts relating to the case, alleged to have occurred after the commencement of the action, but which may materially affect the rights of the plaintiff. (Sec. 464, Code Civ. Proc.; Giddings v. The 76 Land & W. Co., 109 Cal. 116 [41 P. 788]; California Farm etc. Co. v. Schiappa-Pietra, 151 Cal. 732 [91 P. 593].)

(Dolley v. Ragon (1924) 66 Cal.App. 707, 711.)

            While a separate lawsuit is one option, it would inevitably be related and likely consolidated, as the motive for Plaintiff’s termination is related to the allegations in the original Complaint. However, a more efficient resolution is to allow a supplemental complaint to be filed in this action, which would not give Plaintiff a second bite at the apple as to the original complaint, but would permit law and motion challenging the sufficiency of the supplemental pleading only.

           The motion to file a First Amended Complaint is DENIED. However, Plaintiff may bring a noticed-motion leave to file a supplemental complaint[1], which alleges conduct that occurred after the Complaint was filed in this action. In this way, the original Complaint is not superseded, yet Plaintiff may bring into this action conduct occurring after the Complaint was filed.