Judge: David Sotelo, Case: 21STCV22135, Date: 2022-09-14 Tentative Ruling

Case Number: 21STCV22135    Hearing Date: September 14, 2022    Dept: 40

Employers Assurance Co.'s Motion for Leave to Amend [File First Amended Complaint] is GRANTED because this request:

(1) conforms with Cal Rules of Court, rule 3.1324(a) by providing a copy of the proposed Answer (see Mot., Aires Decl., Ex. A [Proposed FAC]) and providing a memo succinctly highlighting the allegations to be added to the First Amended Complaint (see Mot., 1:17-19 ["the proposed first amended complaint only seeks to add an additional second count, i.e., Breach of Contract [pp. 8:10-11:12, ¶¶ 13-18], the addition of an Exhibit "B", together with an additional prayer for relief [pp. 11 :17-20, Prayer ¶ 1"]);

(2) conforms with Cal Rules of Court, rule 3.1324 (b) by providing the Aires Declaration explaining (a) the effect of amendment (Mot., Aires Decl., ¶¶ 3, 6 [effect is to add breach of contract claim, an exhibit, and a prayer for relief to the operative pleading]), why amendment is necessary and proper (Mot., Aires Decl., ¶ 5 ["to to bring an additional similar claim involving the same parties and contract terms"]), when the new facts were discovered (Mot., Aires Decl., ¶ 3 ["The evidence supporting the amendment was brought to the attention of Plaintiff's counsel relatively recentl with this Declaration dated February 10, 2022]), and why request was not made sooner (Mot., Aires Decl., ¶ 3 ["This motion promptly followed" after Plaintiff's counsel was informed of the evidence supporting the amendment]);

(3) is unopposed by Defendant Medcafe Westwood, LLC.