Judge: Eddie C. Sturgeon, Case: 37-2021-00027464-CU-OR-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 20, 2023

09/21/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00027464-CU-OR-CTL HAROLD ZAIMA AS ATTORNEY IN FACT FOR SATSUKI ZAIMA VS ZAIMA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 08/11/2023

Plaintiff Harold Zaima as attorney-in-fact for Satsuki Zaima's Motion for Leave to Amend is DENIED.

The court 'may, in the furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading[.]' (Code of Civil Proc § 473(a)(1).) Such discretion is liberally exercised. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) In fact, where there is no prejudice to the opposing party, and where refusal to allow the amendment would deprive the moving party of a meritorious cause of action or claim, the court would abuse its discretion by denying a timely motion to amend. (Morgan v. Superior Court (1950) 172 Cal.App.2d 527, 530.) Even if there has been delay, denial is inappropriate unless the delay has prejudiced the opposing party. (Hirsa v. Super. Ct. (1981) 118 Cal.App.3d 486, 490.) A party claiming to be prejudiced has the burden of demonstrating that prejudice. (See Rickley v. Goodfriend (2013) 212 Cal.App.4th 1136, 1159.) Ordinarily, courts do not consider the validity of proposed amendments in determining whether to grant leave to amend. (Kittredge Sports Co. v. Super.

Ct. (1989) 213 Cal.App.3d 1045, 1048.) However, it is appropriate to deny leave to amend if the proposed amendment would fail as a matter of law. (California Cas. Gen. Ins. Co. v. Super. Ct. (1985) 173 Cal.App.3d 274, 280-281.) Plaintiff's claims under Probate Code section 850 are not justiciable in this civil action. (Prob. Code, § 856.5 ['The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action.'].) The court does not decide whether those claims could be adjudicated by petition in probate court at some later date. (See Prob. Code, § 854.) The motion is denied.

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