Judge: David A. Hoffer, Case: 30-2020-01135033, Date: 2023-07-24 Tentative Ruling

The unopposed motion by plaintiffs for leave to file a third amended complaint is GRANTED.

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.  (Code Civ. Proc., § 473(a)(1).) 

California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits.  (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.)  Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.”  (Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530)

California Rules of Court, Rule 3.1324 sets forth the requirements for a motion seeking leave to file an amended pleading.  Plaintiffs have attached a copy of the proposed TAC and the motion identifies what allegations are being added and where they are located.  The motion is also supported by a declaration which states the effect of the amendment which is to add a cause of action for Deceit.  The additional cause of action is necessary because the plaintiffs seek to pursue a fraud based theory of recovery.  The declaration also states that the reason the motion was not made earlier is because Ui Kyung Lim was dealing with the distress and depression following the loss of her spouse. (Chong Decl. at ¶4)  Additionally, the bankruptcy issues of Min Kim contributed to the delay. There is no opposition and no evidence presented regarding prejudice from allowing the amendment.

Accordingly, the plaintiffs’ Motion for Leave To Amend is granted and plaintiffs are granted leave to file the Third Amended Complaint attached as Exhibit A to the motion within 5 days of the date of this hearing and serve the TAC within 10 days thereafter.

Counsel for moving party is ordered to give notice of this ruling.