Judge: Colin Leis, Case: 21STCV46789, Date: 2023-02-16 Tentative Ruling

 



 





Case Number: 21STCV46789    Hearing Date: February 16, 2023    Dept: 74

CHARLENE SHEE vs DIANE SHERWOOD, Individually and as Trustee of the Diane M. Sherwood Family Trust 21STCV46789 ; Motion for leave to file first amended complaint

The court denies plaintiff’s motion for leave to file an amended complaint without prejudice to plaintiff filing a procedurally proper motion. Plaintiff’s proposed pleading adds allegations involving events that took place after plaintiff filed her complaint. Such a proposed pleading is not an amended complaint; it is a supplemental complaint. (See Code of Civ. Proc. § 464.) The distinction between an amended complaint and a supplemental complaint matters because, for among other things, different principles apply concerning new causes of action and the effect the supplemental complaint has on the original complaint.