Judge: Elaine W. Mandel, Case: 19SMCV00935, Date: 2022-10-19 Tentative Ruling

Case Number: 19SMCV00935    Hearing Date: October 19, 2022    Dept: P

Tentative Ruling
Murray v. Cheaterreport.com et al., Case No. 19SMCV00935
Hearing date October 19, 2022
Plaintiff’s Motion for Leave to File Third Amended Complaint – UNOPPOSED

In the operative second amended complaint, plaintiff alleges defendant Cheaterreport.com spread false and defamatory information about him that was posted by anonymous users. The website is alleged to be run by Domingo Juan Rivera. Plaintiff also alleges Rivera and associated entities conspired with Cheaterreport.com to extort plaintiff. Plaintiff moves for leave to file a third amended complaint. No opposition has been filed. 

Amendments to pleadings must be liberally allowed at any stage of litigation, and it is an abuse of discretion to deny leave to amend if granting the motion will not result in prejudice to the opposing party. Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.

Plaintiff seeks leave to file a third amended complaint, having discovered social media accounts that allegedly defame, harass and misrepresent his character. The proposed amended complaint seeks to add new factual allegations as well causes of action for right of publicity (Cal. Civ. Code § 3344); misappropriation of name or likeness; invasion of privacy; and injunctive relief. The requirements of California Rules of Court, rule 3.1324 have been met. (See generally Murray Decl., Exhs. 1; Supp. Murray Decl.). The motion is unopposed. There is no showing of prejudice. GRANTED. Plaintiff is to file the third amended complaint within 5 court days.