Judge: Colin Leis, Case: 21STCV23325, Date: 2023-07-11 Tentative Ruling

Case Number: 21STCV23325    Hearing Date: December 7, 2023    Dept: 74

The LAAC Corp. v. Stewart, Romberger, & Kite, et al.

Motion for Leave to Amend Complaint

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

BACKGROUND 

            This action arises from a contractual dispute.

            On June 23, 2021, Plaintiff The LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.”

            In April 2023, the parties settled.

            On August 9, 2023, Plaintiff filed this motion for leave to file an amended complaint.

DISCUSSION 

            Plaintiff seeks to amend the operative complaint. The proposed amended complaint adds allegations about the settlement agreement, which the parties entered almost two years after plaintiff filed the operative complaint. An amended complaint is not the proper vehicle to allege new, post-complaint facts to state a new, post-complaint cause of action that accrued after the complaint was filed. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032; Flood v. Simpson (1975) 45 Cal.App.3d 644, 647; Code Civ. Proc., § 464, subd. (a).)

CONCLUSION 

The court denies Plaintiff’s motion.

Plaintiff shall give notice.