Judge: Curtis A. Kin, Case: 21STCV05918, Date: 2022-09-13 Tentative Ruling

Case Number: 21STCV05918    Hearing Date: September 13, 2022    Dept: 72

MOTION FOR LEAVE TO FILE

SECOND AMENDED COMPLAINT

Date:          9/13/22 (8:30 AM)                 

Case:         FWD Future, LLC et al. v. Blue Avian Ventures LLC et al. (21STCV05918)

TENTATIVE RULING:

Plaintiff The Raw Office, Inc.’s UNOPPOSED Motion for Leave to File Second Amended Complaint is GRANTED.

The Court notes that both the declaration of counsel and the proof of service were not executed under penalty of perjury under the laws of the State of California, as required under CCP § 2015.5. Because the motion is unopposed, the Court finds that the defect is harmless under the circumstances. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1204.) Plaintiff The Raw Office, Inc. is admonished to comply with CCP § 2015.5 in the future.

On August 18, 2022, the Court previously heard The Raw Office, Inc.’s Motion for Leave to File Second Amended Complaint. The Court denied the motion because Margarita Salazar, Esq., counsel for plaintiffs FWD Future, LLC, Peach Medical LLC, and Eapen Enterprises, was not served and because a declaration under Rule of Court 3.1324(b) was not included with the motion.

These defects have been remedied and no opposition being filed, the motion is GRANTED. Plaintiff The Raw Office, Inc. is ordered to file the Second Amended Complaint as proposed in the motion within two (2) court days of this ruling.