Judge: Daniel S. Murphy, Case: 22STCV23458, Date: 2024-03-06 Tentative Ruling

Case Number: 22STCV23458    Hearing Date: March 6, 2024    Dept: 32

BACKGROUND

            On July 20, 2022, Plaintiff CostTree Holding, LLC filed this action against Defendants eCivis, Inc., GTY Technology Holdings, Inc., and James Ha. On September 26, 2022, Plaintiff filed the operative First Amended Complaint, alleging (1) breach of the covenant of good faith and fair dealing, (2) fraud, (3) negligent misrepresentation, and (4) civil conspiracy.

            On January 25, 2024, Plaintiff filed the instant motion for leave to file a Second Amended Complaint. Defendants have not filed an opposition.

LEGAL STANDARD

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc, §§ 473, subd. (a), 576.) Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) In determining the extent of prejudice to the opposing party, the court must consider various factors, such as whether the amendment would delay trial or increase the discovery burden. (Demetriades v. Yelp, Inc. (2014) 228 Cal.App.4th 294, 306.)

DISCUSSION

Plaintiff’s motion and attached declaration satisfy the requirements for seeking leave to amend. (See Cal. Rules of Ct., Rule 3.1324(b).) Defendants do not oppose the motion and in fact indicated in correspondence that they would stipulate to the filing of the SAC. (Bevitz Decl., Ex. 3.)

CONCLUSION

            Plaintiff’s motion for leave to amend is GRANTED. Second Amended Complaint shall be filed within 10 days of this order.