Judge: Daniel M. Crowley, Case: 21STCV32401, Date: 2022-08-17 Tentative Ruling

Case Number: 21STCV32401    Hearing Date: August 17, 2022    Dept: 28

Plaintiff Tania Cirelli’s Motion for Leave to File the First Amended Complaint

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

BACKGROUND

On September 1, 2021, Plaintiff Tania Cirelli (“Plaintiff”) filed this action against Defendants Parisima Hekmat (“Hekmat”) and Amir Fakhari (“Amir”) for motor vehicle negligence and general negligence. Plaintiff later amended the complaint to include Defendant Lili Fakhari (“Lili”).

On October 13, 2021, Hekmat and Amir filed an answer.

On June 8, 2022, Plaintiff filed a Motion for Leave to File Amended Complaint to be heard on August 17, 2022.

Trial is currently scheduled for March 1, 2023.

PARTY’S REQUESTS

Plaintiff requests leave to file and serve the proposed First Amended Complaint. Plaintiff’s proposed amendments consist of adding Plaintiff’s husband as a Plaintiff and a cause of action for Loss of Consortium.

LEGAL STANDARD

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

Plaintiff’s proposed amendment would add in Plaintiff’s husband as a Plaintiff and add a cause of action for loss of consortium, as it has become apparent that Plaintiff’s injuries provide grounds for such a claim. Given that there is no change in the facts or any undue surprise, the Court finds granting the motion to be in furtherance of justice. As such, the Court grants the motion.

CONCLUSION

Plaintiff Tania Cirelli’s Motion for Leave to File the First Amended Complaint is GRANTED. The FAC is deemed filed and served as of the date of this hearing.

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.