Judge: Elaine W. Mandel, Case: 24SMCV01939, Date: 2024-09-30 Tentative Ruling

Case Number: 24SMCV01939    Hearing Date: September 30, 2024    Dept: P

Tentative Ruling

Wainer v. Ota, Case No. 24SMCV01939

Hearing Date September 30, 2024

Plaintiff Wainer’s Motion for Leave to File First Amended Complaint

Plaintiff Wainer sues defendant Ota for wrongful eviction, harassment, breach of lease contract, statutory violations and intentional infliction of emotional distress. Plaintiff seeks leave to amend to add allegations arising from a subsequent eviction notice that occurred after the complaint was filed.

Courts exercise liberality in allowing amendments to pleadings absent prejudice to the adverse party. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. A motion for leave to amend should only be denied if the opposing party can show meaningful prejudice as a result of granting the motion. Id.

Defendant does oppose. Plaintiff seeks to add two causes of action and may do so via the filing of a first amended complaint. Attached to the moving papers is a “Supplemental Complaint.” Such must be filed as a first amended complaint. GRANTED.