Judge: Elaine W. Mandel, Case: 22SMCV01642, Date: 2023-05-02 Tentative Ruling

Case Number: 22SMCV01642    Hearing Date: May 2, 2023    Dept: P

Tentative Ruling

Smith et al. v. GNG Development et al., Case No. 22SMCV01642

Hearing Date May 2, 2023

Plaintiffs’ Motion to Amend Complaint (UNOPPOSED)

Plaintiffs seek leave to amend the complaint to add a claim for emotional distress and a cause of action under Cal. Bus. & Profs. Code §7061, in addition to claims defendants performed work on plaintiffs’ home without a valid contractor’s license and failed to obtain permits.

There is a strong liberal policy in favor of allowing amendments to pleadings at any stage of the proceedings. Messler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296. It is generally an abuse of discovery to refuse leave to amend if the opposing party would not be prejudiced by the amendment. Morgan v. Super. Ct. (1959) 172 Cal.App.2d 527, 530.

The motion is unopposed. This, in combination with the liberal policy in favor of allowing amendments, suggest there is no basis for the court to deny the motion. The amended complaint is attached and will be deemed filed as of May 2, 2023. GRANTED.