Judge: Elaine W. Mandel, Case: 21SMCV00336, Date: 2022-09-29 Tentative Ruling

Case Number: 21SMCV00336    Hearing Date: September 29, 2022    Dept: P

Tentative Ruling
Rowley v. James, et al., Case No. 21SMCV00336
Hearing Date, September 30, 2022
Defendant and Cross-Complainant James’ Motion for Leave to File Second Amended Cross-Complaint

On June 17, 2022, James attempted to file a Second Amended Cross-Complaint without leave of Court, seeking to add additional cross-defendants. On July 8, 2022, the Court informed James he must seek leave to file the Second Amended Cross-Complaint. On August 26, 2022, James filed the motion for leave to add four additional cross-defendants and allege seven additional causes of action.

Code of Civil Procedure section 473, subdivision (a) requires that where a motion for leave to amend contemplates amendment to substantive allegations, moving party must give “notice to the adverse party” of the proposed substantive amendment. Code Civ. Proc., § 473, subd. (a)(1).

The moving party is required to file proof of service. Cal. Rules of Court, Rule 3.1300, subd. (c).

California Rules of Court, Rule 3.1324 provides that a motion for leave to amend a pleading must be supported by “a copy of the proposed amendment or amended pleading” as well as a declaration which specifies the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons why the request for amendment was not made earlier. Cal. Rules of Court, Rule 3.1324, subd. (a)(1), (b).

The Motion fails to comply with these requirements. James failed to provide notice, and there is no proof of service. The lack of opposition provides further evidence that service was, in fact, not effectuated. James failed to file a declaration which specifies the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons why the request for amendment was not made earlier, as required by Cal. Rules of Court, Rule 3.1324, subd. (b). The motion is CONTIUNED to allow these defects to be cured.