Judge: Douglas W. Stern, Case: BC658079, Date: 2023-01-23 Tentative Ruling

Case Number: BC658079    Hearing Date: January 23, 2023    Dept: 68

            Plaintiff filed this case to get residential property back from Defendants. The parties are family, and Plaintiff alleges that excessive pressure from Defendants caused him to sell the property. (Tolmas Decl., p. 2.) Plaintiff brings this motion, filed on November 28, 2022, pursuant to CCP § 473. No opposition to Plaintiff’s motion has been filed as of January 18, 2023.

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 section 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).)

            Here, Plaintiff requested leave to amend before any trial date has been set. Plaintiff is making this request due to typographical error and other erroneous statements that were in the First Amended Complaint. (Notice of Motion at p. 1.) The Court does not find any reason to deny the request for amendment.

            Accordingly, Plaintiff’s motion for leave to file a second amended complaint is GRANTED.