Judge: David A. Hoffer, Case: 30-2021-1195122, Date: 2022-10-03 Tentative Ruling

The unopposed motion of plaintiffs John Fouse and Hoa Thanh Fouse for leave to file a proposed second amended complaint (“SAC”) is GRANTED.  Plaintiffs are ordered to file the original SAC within 3 Court days.

Plaintiffs have complied with the requirements of Rule 3.1342.  They submitted a copy of the proposed SAC with the moving papers as Exhibit 1.  In addition, the declaration of plaintiffs’ counsel includes attestations about the effect of the amendment, why the amendment is necessary and proper, when the facts indicating amendment were discovered, and why amendment was not sought earlier.  The new defendants were parties in other litigation with the existing parties and have beneficial interests in the property.

Thus, the court grants the motion.

As a result of the court’s ruling, the general demurrer of defendant Core Lending, Inc. to all four causes of action in plaintiffs’ first amended complaint is MOOT.

Plaintiffs are ordered to give notice of these rulings.