Superior Court of California 

County of Los Angeles – West District 

Beverly Hills Courthouse / Department 205 

 

 

 

Plaintiff Joseph Hazani filed a form complaint for breach of contract, unjust enrichment breach of the covenant of good faith and fair dealing, and quantum meruit.  But the complaint failed to state any facts in support of any of the claims.  Accordingly, the Court sustained a demurrer to the complaint on the grounds it is uncertain and fails to state facts sufficient to constitute a cause of action.  (6/14/2024 Minute Order.)  The Court sustained the demurrer with 20 days’ leave to amend, requiring that an amended complaint be filed by July 3, 2024.  (Id.)  Plaintiff filed his amended complaint on July 11, 2024.         

Plaintiff now moves to “amend the judgment”, to allow him to file his amended complaint past the 20 days mandated in the Court’s June 14, 2024 order.  Plaintiff maintains he was unable to file the amended complaint within the deadline imposed by the Court because of a “transmission error.”  It appears that rather than filing the amended complaint, Plaintiff attempted to reserve a hearing on the amended complaint, and the Court’s reservation system would not allow him to do so.  The motion to amend is not supported by any declaration.   

Notwithstanding, given the short delay, the absence of prejudice to Defendant, and the strong policy to resolve cases on their merits, the Court will GRANT Plaintiff’s request to amend the Court’s June 14, 2024 order and to file his amended complaint past the 20 day deadline imposed by the Court.  Plaintiff’s amended complaint must be filed by September 16, 2024.  Defendant will have 30 days to file a responsive pleading.   

 

 

DATED:  September 11, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court