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.