Judge: Daniel M. Crowley, Case: 21STCV20541, Date: 2022-08-23 Tentative Ruling

Case Number: 21STCV20541    Hearing Date: August 23, 2022    Dept: 28

Plaintiff Jorge Mario Perez’s Motion for Leave to File the First Amended Complaint

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On June 2, 2021, Plaintiff Jorge Mario Perez (“Plaintiff”) filed this action against Defendants Buffalo Wild Wings, Inc. (“BWW”) and Chris Lewis (“Lewis”) for premises liability.

On May 20, 2022, Plaintiff filed a Motion for Leave to File Amended Complaint to be heard on August 23, 2022.

Trial is currently scheduled for November 30, 2022.

PARTY’S REQUESTS

Plaintiff requests leave to file and serve the proposed First Amended Complaint. Plaintiff’s proposed amendments consist of removing Lewis, adding previously unknown Defendants, and to add additional causes of action.

LEGAL STANDARD

CCP 472(a)provides “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.”

CCP §473(a) states “(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

(2) When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial, and may, when the postponement will by the amendment be rendered necessary, require, as a condition to the amendment, the payment to the adverse party of any costs as may be just.”

DISCUSSION

The Court finds there is good cause to allow Plaintiff to add or remove parties based on the investigation of Plaintiff, resulting in a change of the original case title of the action. Neither Defendant has been served at this time, meaning that neither of the two currently named Defendants have started discovery and would be prejudiced by the inclusion of additional parties. In addition, the causes of action are derived from the same subject incident. As such, the Court grants the motion.

CONCLUSION

Plaintiff Jorge Mario Perez’s Motion for Leave to File the First Amended Complaint is GRANTED.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.