Judge: Christopher K. Lui, Case: 23STCV04345, Date: 2024-11-07 Tentative Ruling

Case Number: 23STCV04345    Hearing Date: November 7, 2024    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 11:33 a.m. on November 6, 2024. 

Notice of intent to appear is REQUIRED 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)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on November 6, 2024.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted.

            Plaintiffs allege that Defendant has destroyed various components of Plaintiffs’ property due to construction on Defendant’s property.

            Defendant filed a Cross-Complaint alleging that Plaintiffs have been encroaching onto Defendant’s property.

Plaintiffs move for leave to file a First Amended Complaint.

TENTATIVE RULING

            Plaintiffs Paul C. Armbruster and Penny Armbruster’s  motion for leave to file a First Amended Complaint is DENIED without prejudice.

ANALYSIS

Motion For Leave To File Amended Complaint

Discussion 

            Plaintiffs Paul C. Armbruster and Penny Armbruster move for leave to file a First Amended Complaint.

Cal. Rules of Court Rule 3.1324(a) & (b) states:

(a) Contents of motion 

A motion to amend a pleading before trial must:

 (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.

(b) Supporting declaration  

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.

   (Cal. Rules of Court, 3.1324(a) & (b).)

            Plaintiffs’ motion fails to comply with Rule 3.1324. As such, the motion for leave to file a First Amended Complaint is DENIED without prejudice.