Judge: Cynthia A Freeland, Case: 37-2023-00041084-CU-NP-NC, Date: 2023-12-22 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023
12/22/2023 01:30:00 PM N-27 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Cynthia A. Freeland
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Civil - Unlimited Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00041084-CU-NP-NC TEPERSON VS. NOGIN, INC. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 11/22/2023
Plaintiff Trisha Teperson ('Plaintiff')'s motion for leave to file a First Amended Complaint (the 'FAC') is denied without prejudice.
The court finds that Plaintiff did not provide sufficient notice of the hearing on this matter. On November 22, 2023, Plaintiff filed and served the motion and noticed it for hearing on March 29, 2024. See ROA No. 10. On November 29, 2023, Plaintiff filed an ex parte application for an order shortening time for the hearing on this matter. See ROA No. 18. On November 30, 2023, the court granted Plaintiff's ex parte application and: (1) advanced the hearing on the motion to December 22, 2023, and (2) directed Plaintiff's counsel to provide an amended notice of motion as well as a copy of the court's Order. See ROA Nos. 27, 28. As of the date of this ruling, however, there is no evidence that Plaintiff's counsel provided notice as directed.
In light of the foregoing, the court denies Plaintiff's motion for leave to file a FAC without prejudice.
This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 22, 2023.
If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.
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3059793