Judge: Elaine W. Mandel, Case: 21SMCV00336, Date: 2022-12-08 Tentative Ruling

Case Number: 21SMCV00336    Hearing Date: December 8, 2022    Dept: P

Tentative Ruling
James v. Rowley, Case No. 21SMCV00336
Hearing Date December 8, 2022
Cross-Complainant Jordan James’ Motion for Leave to File Second Amended Cross-Complaint

Defendant/cross-complainant James moves for leave to file a second amended cross-complaint against plaintiff Philip Rowley and his co-defendants Pearl MDR and Equity Residential Management, LLC.

Courts are required to liberally exercise their discretion to allow amendments to pleadings at any time through the commencement of trial. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave to amend may be denied, however, when the party seeking amendment has delayed the proposed amendment without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend a pleading must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b).

The first amended cross-complaint in this case was filed on November 1, 2021, and the motion for leave to file a second amended cross-complaint was filed August 26, 2022. James does not provide any explanation as to why he delayed nearly ten months before seeking to amend his pleading, nor does he state when the facts giving rise to the amended allegations were discovered. DENIED.