Judge: Douglas W. Stern, Case: 22STCV36305, Date: 2023-07-11 Tentative Ruling

Case Number: 22STCV36305    Hearing Date: July 11, 2023    Dept: 68

Motion for Leave to Amend Complaint

­­­­­­­­­BACKGROUND

            Plaintiff Jacobo Davalos (Plaintiff) filed this motion for leave to amend complaint in order to correct the names of the Disney entities named in the complaint and to add some allegations about Defendant Sedano’s conduct. Plaintiff does not seek to add any new causes of action. Plaintiff brings this motion pursuant to CCP §§ 473 and 576 and California Rules of Court Rule 3.1324.

No opposition to Plaintiff’s motion has been filed.

LEGAL STANDARD AND ANALYSIS

            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).) Code of Civil Procedure § 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 before any trial date has been set and while the parties are still in early stages of discovery. Plaintiff is not seeking to add any causes of action against the current defendants, nor would those defendants be prejudiced by allowing Plaintiff to file an amended complaint at this stage of the case. Plaintiff is seeking to amend the complaint to correct the names of the Disney Defendants and add some allegations about Defendant Sedano. Additionally, none of the defendants have filed any opposition to Plaintiff’s motion.

            Finally, Plaintiff’s motion complies with the requirements of Cal. Rules of Court Rule 3.1324.

            Accordingly, the Court grants Plaintiff’s motion for leave to amend complaint.

ORDER

1.      Plaintiff’s motion for leave to amend complaint is GRANTED.