Judge: Frank M. Tavelman, Case: 22BBCV00396, Date: 2024-02-16 Tentative Ruling

Case Number: 22BBCV00396    Hearing Date: February 16, 2024    Dept: A

 LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION FOR LEAVE TO AMEND COMPLAINT

NOTICE:

The Court is not requesting oral argument on this matter.  Pursuant to California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required.  Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no notice of intent to appear is received.”  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

Fortunato Marquez (Plaintiff) brings this action against BH Equity Fund, LLC (BH Equity), and Deutsche Bank National Trust Company (Deutsch) (collectively Defendants). Plaintiff’s action is brought to quiet title to the property identified as 11927-11929 Runnymede St., North Hollywood, California (Subject Property). Plaintiff alleges that, due to some error in the legal description of an adjacent property, BH Equity and Deutsch are improperly asserting ownership of the Subject Property.

Plaintiff now moves for leave to amend her Complaint, which was originally filed on June 31, 2022. Plaintiff’s original Complaint contained a single cause of action for Quiet Title. Plaintiff seeks to clarify the allegations with respect to Quiet Title and add additional causes of action for (1) Declaratory Relief, (2) Cancellation of Instrument, (3) Slander of Title, and (4) Conversion.

Plaintiff states that the parties sought to stipulate to this amendment but were unable to because BH Equity would not respond to their communications. (Widener Decl. ¶ 4, Exhs. B & C.) No party has submitted an opposition to this motion.

ANALYSIS: 

I.                    LEGAL STANDARD 

A party requesting leave to amend must submit a motion that includes: (1) a copy of the proposed amendment or amended pleading, serially numbered to differentiate it from previous pleadings; (2) a statement of which allegations would be deleted by the amendment, and where they are located in the previous pleading; and (3) a statement of what allegations would be added by the amendment, and where they are located in the proposed pleading.¿ (Cal. Rules of Court, Rule 3.1324(a).) The motion should also include a declaration stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) why the request was not made earlier.¿ (Id. at Rule 3.1324(b).)

A party may amend its pleading once without leave of court at any time before an answer, demurrer, or motion to strike is filed. (C.C.P. § 472(a).) After the period for amending a pleading without leave of court has passed, the pleading may be amended under C.C.P. § 473(a) and § 576.

The trial court should permit a plaintiff to amend a pleading when doing so is in furtherance of justice and in keeping with the fundamental policy that cases should be decided on their merits.¿ Honig v. Financial Corp. of America (1992) 6 Cal.App.4th 960, 956-966. While the trial court may deny a motion for leave to amend on grounds that, e.g., the party seeking the amendment has caused unreasonable delay in doing so, it probably abuses its discretion if it denies any such motion in the absence of a finding of prejudice to the opposing side.¿ (See Thompson Pacific Construction, Inc. v. City of Sunnyvale (2007) 155 Cal.App.4th 525, 545.)

II.                 MERITS

Plaintiff attaches a proposed First Amended Complaint. (Widener Decl. ¶ 3, Exh. A.) Plaintiff also states the allegations that are proposed to be deleted and the allegations that are to be added. (Mot. p. 5.) Plaintiff also attaches a copy of the original complaint. (Widener Decl. Exh. E.)

Plaintiff states the current Complaint was filed by his prior counsel and he believes amendment is necessary to make non-substantive changes in the allegations concerning the quiet title action.  (Widener Decl. ¶ 6.) Plaintiff also states that the facts giving rise to the additional causes of action were not known to him until such time as his new counsel substituted into the matter. (Widener Decl. ¶ 6.)  

The requirements of California Rules of Court, Rule 3.1324(a) and (b) are satisfied. Additionally, as the underlying facts are related to the original complaint, allowing Plaintiff to file the amended complaint will increase the likelihood of the case being resolved efficiently on the merits.

Requests to amend complaints are to be liberally considered and Defendants have rendered no opposition to Plaintiff’s motion.  Additionally, the trial in this case has not yet been set, so there would be no prejudice to Defendants if Plaintiff is allowed to amend his Complaint at this time.

Accordingly, Plaintiff’s motion for leave to amend his Complaint is GRANTED.  

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Fortunato Marquez’s Motion for Leave to Amend came on regularly for hearing on February 16, 2024 with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION FOR LEAVE TO AMEND IS GRANTED.

PLAINTIFF HAS 20 CALENDAR DAYS IN WHICH TO FILE THE AMENDED COMPLAINT.

UNLESS ALL PARTIES WAIVE NOTICE, PLAINTIFF TO PROVIDE NOTICE.  

IT IS SO ORDERED. 

DATE:  February 16, 2024                             _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles