Judge: Christopher K. Lui, Case: 24STCV05834, Date: 2024-11-19 Tentative Ruling

Case Number: 24STCV05834    Hearing Date: November 19, 2024    Dept: 76

            Defendants failed to pay for goods, wares and merchandise sold by Plaintiff.

            Plaintiff moves for leave to file a Second Amended Complaint.

TENTATIVE RULING

Plaintiff Hundred Flowers Inc. did not sufficiently comply with Rule 3.1324. As such, the motion for leave to amend is CONTINUED to December 9, 2024 at 8:30 a.m. Plaintiff is ordered to file a revised declaration which sufficiently addresses the requirements of Rule 3.1324, by November 29, 2024.

ANALYSIS

Motion For Leave To Second Amended Complaint

Discussion

            Plaintiff moves for leave to file a second amended complaint to correct the amounts due and owing.

Cal. Rules of Court, Rule 3.1324(a)(1) & (2) provide:

(a) Contents of motion A motion to amend a pleading before trial must:

. . .

(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.

Cal Rules of Court, Rule 3.1324 

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

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(b).)

            Plaintiff did not sufficiently comply with Rule 3.1324.  As such, the motion for leave to amend is CONTINUED to December 9, 2024 at 8:30 a.m. Plaintiff is ordered to file a revised declaration which sufficiently addresses the requirements of Rule 3.1324, by November 29, 2024.