Judge: Daniel M. Crowley, Case: 21SMCV01059, Date: 2023-03-21 Tentative Ruling
Case Number: 21SMCV01059 Hearing Date: March 21, 2023 Dept: 207
Background
This action concerns the real property located at 1870 Old
Topanga Canyon Road, Topanga, California 90290. On June 16, 2021, Plaintiff
Jessica Jacobs (“Plaintiff”) filed a Complaint against Defendant Steven Ray
Ritchie (“Defendant”) for injunctive relief, quiet title, declaratory relief,
trespass, nuisance, and ejectment. Plaintiff contends she and her husband are
sole owners of the property, which they lawfully purchased from the former
owner, Lauren Ivester (“Ivester”), Plaintiff contends Defendant is improperly
occupying the property, claiming to have a valid interest in the property by
virtue of a lease agreement between himself and Ivester entered into prior to
the sale of the property to Plaintiff. On July 26, 2021, Defendant filed a
Cross-Complaint against Plaintiff, asserting causes of action for quiet title,
injunctive relief, declaratory relief, trespass, nuisance, breach of contract,
and specific performance.
In a related action between the parties, Case No.
21STCV40908, the Court adjudicated the issue of possession at a bench trial on
Plaintiff’s claim for unlawful detainer. The Court found for Plaintiff and on
December 16, 2022, entered judgment in her favor on her claim for unlawful
detainer.
Plaintiff now moves the Court to add Ivester as a Defendant
to her Complaint in this action. Plaintiff’s motion is unopposed.
Legal
Standard
Leave to
amend is permitted under Code of Civil Procedure section 473, subdivision (a)
and section 576. The policy favoring amendment and resolving all matters in the
same dispute is “so strong that it is a rare case in which denial of leave to
amend can be justified. . ..” “Although courts are bound to apply a policy of
great liberality in permitting amendments to the complaint at any stage of the
proceedings, up to and including trial [citations], this policy should be
applied only ‘where no prejudice is shown to the adverse party . . ..
[citation]. A different result is indicated ‘where inexcusable delay and
probable prejudice to the opposing party’ is shown. [Citation].” (Magpali v.
Farmers Group (1996) 48 Cal.App.4th 471, 487.)
A motion
for leave to amend a pleading must also comply with the procedural requirements
of California Rules of Court, rule 3.1324, which requires a supporting
declaration to set forth explicitly what allegations are to be added and where,
and explicitly stating what new evidence was discovered warranting the
amendment and why the amendment was not made earlier. The motion must also
include (1) a copy of the proposed and numbered amendment, (2) specifications
by reference to pages and lines where allegations would be deleted and added,
and (3) a declaration specifying the effect, necessity and propriety of the
amendments, date of discovery and reasons for delay. (See CRC 3.1324, subds.
(a), (b).)
Analysis
Plaintiff has not complied with
the procedural requirements imposed by California Rules of Court, rule 3.1324
in bringing the instant motion. Plaintiff’s motion does not expressly state
what allegations are proposed to be added to her current Complaint or where she
intends to add them. Her motion also does not include a copy of the proposed
First Amended Complaint she wishes to file. Plaintiff states generally that she
wishes to “add Lauren Ivester aka Lauren Goldman (hereafter “Lauren”) as an
additional defendant to this action.” (Motion at 1.) It is not clear from this
statement whether Plaintiff is seeking to file a First Amended Complaint which
adds new allegations and causes of action against Ivester or whether Plaintiff
is seeking to amend her Complaint to substitute Ivester for a Doe defendant
pursuant to Code Civ. Proc. § 474 without further amendment to the allegations
or causes of action already asserted in her operative Complaint.
As the Court cannot discern what
specific relief Plaintiff is requesting, her motion to add a defendant is
DENIED without prejudice to be re-filed in a form that complies with the
requirements of California Rules of Court, rule 3.1324.
Conclusion
Plaintiff’s motion for leave to add a defendant to her
operative Complaint is DENIED without prejudice.