Judge Christopher K. Lui, Case Number: 24STCV06514, Date: 2024-12-11 Tentative Ruling

Judge: Christopher K. Lui, Case: 24STCV06514, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCV06514 Hearing Date: December 11, 2024 Dept: 76

Plaintiff Tanya Mansourian’s motion for leave to file a first amended complaint is GRANTED. Plaintiff is to file a stand-alone copy of the First Amended Complaint today, which is deemed served as of the date of this order.

ANALYSIS

Motion For Leave To File Amended Complaint

Discussion

Plaintiffs move for leave to file a First Amended Complaint to add Farmers Insurance as the HOA insurer.

Here, the Notice of Motion sets for the proposed additions at Page 1:28 – 3:13.

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).)

The Declaration of Valentina Ambarchyan does not strictly comply with Rule 3.1324(b), but it is apparent that Farmers Insurance finally admitted coverage on August 26, 204, after taking the position that the loss was not covered by the HOA’s insurance policy. (Ambarchyan Decl., ¶¶ 5 – 8.)

“Leave to amend is in general required to be liberally granted (citation omitted), provided there is no statute of limitations concern. Leave to amend may be denied if there is prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation. (Citation omitted.)” (Kolani v. Gluska (1998) 64 Cal.App.4th 402.) Where an additional theory of liability is proposed against an existing defendant, this is not prejudice which would justify the denial of leave to amend. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490. See also Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761: “[I]t is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts.' [Citation.]" (Citation omitted.))

The motion for leave to file a first amended complaint is GRANTED. Plaintiff is to file a stand-alone copy of the First Amended Complaint today, which is deemed served as of the date of this order.