Judge: Colin Leis, Case: 23STCV20036, Date: 2025-01-10 Tentative Ruling

Case Number: 23STCV20036    Hearing Date: January 10, 2025    Dept: 74

Silverstein v. Racing Greent LTD

Plaintiff’s Motion for Leave to File Corrected Complaint

BACKGROUND 

            The motion arises from a construction defect complaint.

            Plaintiff Ali Silverstein (Plaintiff) filed a complaint against defendant Racing Green LTD.

            Plaintiff filed a motion for leave to file a corrected complaint.

LEGAL STANDARD

Pursuant to 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.) 

A motion to amend a pleading before trial must include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments. (Cal. Rules of Court, rule 3.1324(a).) The motion must also state what allegations are proposed to be deleted or added, by page, paragraph, and line number. (Cal. Rules of Court, rule 3.1324(a).) Finally, a separate supporting declaration specifying the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reason the request for amendment was not made earlier must also accompany the motion. (Cal. Rules of Court, rule 3.134(b).) 

DISCUSSION

            Plaintiff attached a copy of the corrected pleading and identifies the change, correcting Defendant’s name from “Racing Greent Ltd” to “Racing Green Ltd.”

            Defendant has not responded to this suit; therefore, there is no prejudice to the Defendant.

CONCLUSION

            The Court grants Plaintiff’s Motion for Leave to File a Corrected Complaint.