Judge: Eddie C. Sturgeon, Case: 37-2020-00044995-CU-PO-CTL, Date: 2023-08-25 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - August 24, 2023
08/25/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Eddie C Sturgeon
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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00044995-CU-PO-CTL HERMIZ VS 655 GREYSTONE VILLAGE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 01/09/2023
Courts do not weigh opposing evidence but must determine whether opposing evidence would defeat Plaintiff's evidence supporting amendment, as a matter of law. (See Aquino v. Superior Court (1993) 21 Cal.App.4th 847, 854 [quoting Looney v. Superior Court (1993) 16 Cal.App.4th 521, 538].) Given that Defendant has introduced evidence that it took remedial measures to avoid the incident, the parties are to address whether amendment would be futile.
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2961340  11