Judge Douglas W. Stern, Case Number: 21STCV32068, Date: 2023-11-08 Tentative Ruling

Greater Fountain of Life Church of God in Christ vs. Sedgwick McCray; 21STCV32068

Moving Party: Plaintiff Greater Fountain of Life Church of God in Christ

Plaintiff Greater Fountain of Life Church of God in Christ (Plaintiff) filed this action on August 30, 2021. This case involves Defendant Sedgwick McCray’s (Defendant) alleged failure to transfer title of a property to Plaintiff. Plaintiff alleges that it learned new information in the last six months that requires it to add three causes of action to its complaint. The new causes of action are adverse possession, unjust enrichment, and declaratory relief. Plaintiff brings this motion pursuant to CCP § 473(a)(1). The trial is set for December 18, 2023. No opposition to Plaintiff’s motion has been filed.

This court is authorized, in its discretion, to “allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars . . .” (CCP § 473(a)(1).) CCP § 576, likewise, provides that “any 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 to any pleading . . .” (CCP § 576.) The determination of whether to grant leave to file an amended pleading rests in the court’s sound discretion.

Leave to amend is to be liberally granted at any stage in the proceedings, up to and including trial. (Magpali v. Farmers Group, Inc. (1986) 48 Cal.App.4th 471, 487; see also County of Sanitation Dist. No. 2 of Los Angeles County v. Kern County (2005) 127 Cal.App.4th 1544, 1618 (noting that a plaintiff may be granted amendment even at the time of trial).) To overcome the policy of liberally granting amendments at any stage of litigation, a defendant must show both actual prejudice and inexcusable delay. (Magpali, 48 Cal.App.4th at 487.)

In this case, Plaintiff requested leave to amend after recently learning new information related to the case. While the trial is just over a month away, Defendant has not filed any opposition to Plaintiff’s motion. Amendments to pleadings are to be liberally granted, up to and including at trial.