Judge: Colin Leis, Case: 18STCV08844, Date: 2024-01-02 Tentative Ruling

Case Number: 18STCV08844    Hearing Date: January 2, 2024    Dept: 74

Mia Huante v. Anthony Ray Huante

Motion for Leave to File First Amended Complaint

Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.”  Amendment may be allowed at any time before or after commencement of trial. (Code Civ. Proc., § 576.) “[T]he court’s discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (internal citations omitted).) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend . . .”  (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Prejudice includes “delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.)

The court finds unpersuasive Defendant’s contention that the proposed first amended complaint prejudices him.

The court grants the motion for leave to amend.

Plaintiff shall give notice.