Judge: Colin Leis, Case: 19STCV09709, Date: 2024-03-22 Tentative Ruling

Case Number: 19STCV09709    Hearing Date: March 22, 2024    Dept: 74

Charlene Shee v. Janet Sherwood, et al.

Plaintiff’s Motion for Leave to File a Fourth Amended Complaint

The court considered the moving papers, opposition, and reply.

BACKGROUND

            This action arises from a dispute between neighbors.

            On March 20, 2019, Plaintiff Charlene Shee (Plaintiff) filed a complaint against Defendant Janet Sherwood (Defendant) and others.

            On April 25, 2019, Plaintiff filed a first amended complaint (FAC).

            On October 1, 2020, the court granted Plaintiff’s motion for leave to amend the operative complaint and Plaintiff thereafter filed a second amended complaint.

            On July 13, 2023, the court granted Plaintiff’s motion for leave to amend the operative complaint and Plaintiff thereafter field a third amended complaint.

            On January 24, 2024, Plaintiff filed this motion for leave to file a fourth amended complaint.

DISCUSSION/CONCLUSION

            This motion is off calendar. The record indicates Plaintiff filed her motion for leave to file a fourth amended complaint on January 24, 2024. On January 25, 2024, Plaintiff withdrew the motion. According to Plaintiff, on January 24, 2024, she filed the motion, withdrew it, and filed an amended motion. (Response to Defendant’s Objection, ¶¶ 1, 2.) But Plaintiff’s account is inconsistent with the record. Moreover, the motion on file with the court is not labeled as an amended or corrected motion.