Judge: David A. Hoffer, Case: 30-2019-1113963, Date: 2022-08-08 Tentative Ruling
Defendant/Cross-Complainant The One Solution Inc.’s (“The One Solution”) Motion for Leave to File Amended Cross-Complaint is CONTINUED to August 29, 2022, at 1:30pm in this department.
A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Cal. Rules Ct., rule 3.1324(a).)
A separate declaration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules Ct., rule 3.1324(b).)
Here, the Motion includes a declaration from counsel that substantially complies with the requirements of Rule 3.1324(b) and includes a copy of the proposed amended pleading. (Declaration of Michael S. Lee, ¶ 3-10; Ex. A.)
However, the Motion fails to comply with the procedural requirements of Rule 3.1324(a) because it does not state what allegations in the previous pleading are proposed to be added or deleted and where, by page, paragraph, and line number, the added or deleted allegations are located. The Motion lists the parties and causes of action to be included in the proposed amended pleading (see Motion at 5:25-6:7), but does not reference any allegations that are proposed to be added or deleted from the previous pleading. It is clear from a reading of the original cross-complaint and the amended pleading that multiple new allegations, two new causes of action and a new cross-defendant have been added. However, there is no description in the Motion of what specific allegations/causes of action/parties in the previous pleading are proposed to be deleted or added, and where, by page, paragraph, and line number, the deleted or added allegations are located. Thus, the Court cannot adequately determine the effect of each specific amendment.
Given the liberal policy of allowing amendments to pleadings, the Court will continue the hearing and permit The One Solution an opportunity to submit further briefing that satisfies the procedural requirements of Rule 3.1324(a). (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761 [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,” absent prejudice to the adverse party.].)
The One Solution’s further briefing is due by August 16, 2022. Cross-Defendants are permitted to file a response to the further briefing due by August 22, 2022.
Additionally, the Motion references and includes a copy of an amended cross-complaint that The One Solution attempted to file on February 3, 2022, but which was rejected by the clerk. (See Motion at 4:27-5:1 and Ex. B.) This amended cross-complaint is not included in the Court’s files. The only cross-complaint from The One Solution included in the Court’s files is the original cross-complaint filed on July 27, 2020. (ROA 144.) Thus, in order to avoid any confusion, any further briefing that addresses the requirements of Rule 3.1324(a) must make reference to the allegations in the July 27, 2020 Cross-Complaint at ROA 144, rather than the February 3, 2022 Cross-Complaint.
The Motion to Dismiss filed by Zenbu USA, Inc. and Paramount Realty (ROA 503) is CONTINUED to the same day and time as The One Solution’s motion, August 29, 2022, at 1:30pm.
Finally, given the liberal policy in favor of amendment and the fact that the motion for leave to file the cross-complaint appears to be well-taken, the parties are ordered to meet and confer within three days of this hearing to discuss whether a stipulation permitting amendment can be reached (avoiding the additional briefing and hearing and any further delays in trial preparation). If such a stipulation is reached, the court should be notified immediately (by telephone and submission of the stipulation).
Counsel for The One Solution is ordered to give notice.