Judge: Douglas W. Stern, Case: 21STCV33200, Date: 2022-08-15 Tentative Ruling

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Case Number: 21STCV33200    Hearing Date: August 15, 2022    Dept: 52

Tentative Ruling:

Plaintiff John Doe’s Motion for Leave to File Third Amended Complaint

Plaintiff John Doe moves for leave to file a third amended complaint.  Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.”  (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.)  Courts have discretion to deny leave to amend when (a) the moving party has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party.  (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) 

Permitting plaintiff to file the third amended complaint is in furtherance of justice.  No defendant opposed this motion or otherwise showed any prejudice resulting from plaintiff’s delay in seeking to amend the complaint. 

The motion is granted. 

Plaintiff John Doe is ordered to file the third amended complaint forthwith.