Judge: Curtis A. Kin, Case: 21STCV34458, Date: 2022-08-18 Tentative Ruling

Case Number: 21STCV34458    Hearing Date: August 18, 2022    Dept: 72

MOTION FOR LEAVE TO FILE

SECOND AMENDED COMPLAINT

Date:              8/18/22 (9:30 AM)                                            

Case:              Ai Agnes Sasaki v. AltaMed Foundation et al. (21STCV34458)

TENTATIVE RULING:

Plaintiff Ai Agnes Sasaki’s Motion for Leave to File Second Amended Complaint is GRANTED.

Defendant WFS HTS, INC. (“WFS”), erroneously sued as Talent Strategies, Inc. has not opposed the motion.

As for defendants AltaMed Health Services Corporation and Altamed Foundation’s (“AltaMed Defendants”) opposition, absent a showing of prejudice, delay in seeking an amendment alone does not justify denial of leave to amend. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-65.) Even if this Court were inclined to agree with the Altamed Defendants that plaintiff delayed in naming Edgar Santos, Maureen Halderson, and Jason Damavandi as defendants, there is no resulting prejudice.  Trial is not currently set, and the parties have ample time to conduct discovery.  Indeed, it would appear that discovery in this matter is still in its early stages.  (See Mitchell Decl. ¶¶ 15-17.)

The Altamed Defendants argue that the allegations in the proposed Second Amended Complaint do not state any cause of action against Halderson and Damavandi.  The truth of those contentions may be tested if those defendants appear in this action to challenge the allegations against them, but “the preferable practice [is] to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

Within two (2) court days of this ruling, plaintiff is ordered to file a signed Second Amended Complaint, as proposed and attached as Exhibit A to the Declaration of John Arai Mitchell.