Judge: David A. Hoffer, Case: 30-2021-01224543, Date: 2023-08-21 Tentative Ruling

The Motion for Leave to File First Amended Answer filed by Defendant State Farm General Insurance Company (“Defendant” or “State Farm”) on 4/26/23 is GRANTED.

“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 . . .” (CCP § 473(a)(1).) Additionally, “[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . .” (CCP § 576.)

It is an abuse of the Court’s discretion to deny a timely motion to amend when the refusal deprives a party of the right to assert a meritorious cause of action, if granting leave to amend, as here will not prejudice the opposing party. (Redevelopment Agency v. Herrold (1978) 86 Cal.App.3d 1024, 1031; Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.)

Defendant’s motion complies with the requirements of CRC 3.1324.  Defendant’s proposed amendment seeks to add a thirty-eighth affirmative defense for contractual limitations that was inadvertently omitted from the original answer.  The omission was discovered in preparing for mediation in April 2023, immediately prior to the filing of this motion.  Even if there were some delay, there has been no prejudice to Plaintiffs, particularly as the motion is unopposed. The motion is therefore granted.

Defendant is granted leave to file the First Amended Answer within 10 days of the hearing on this motion.

Moving party is ordered to give notice of this ruling.