Judge: Frank M. Tavelman, Case: 23BBCV00949, Date: 2024-12-13 Tentative Ruling

Case Number: 23BBCV00949    Hearing Date: December 13, 2024    Dept: A

MOTION FO LEAVE TO AMEND

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is received.  

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

ALLEGATIONS: 

On May 1, 2023, Financial Pacific Leasing, Inc. (Plaintiff) filed this action against Rolando Flores dba Flores Transport (Defendant). Plaintiff alleged that Defendant was improperly in possession of 2018 Freightliner PX12664ST (the Subject Equipment) that was financed from Plaintiffs. Plaintiff’s Complaint stated causes of action for (1) Breach of Contract, (2) Breach of Guaranty, (3) Account Stated, and (4) Claim and Delivery.

On May 22, 2023, Plaintiff filed a notice of stay of proceedings related to Defendant’s filing for Bankruptcy. On January 2, 2024, the Court conducted a Status Conference re: Bankruptcy, at which time the Court conferred with Plaintiff’s counsel and set an OSC re: Dismissal for April 8, 2024. Neither party appeared at the April 8, 2024 hearing, prompting the Court to dismiss the case without prejudice. Plaintiff thereafter moved for, and was granted, an order setting aside the dismissal.

Before the Court is a motion by Plaintiff for leave to amend their Complaint pursuant to C.C.P. § 473. Plaintiff explains that Defendant obtained discharge in his Bankruptcy filing but has retained possession of the Subject Equipment. (Iezza Decl. ¶ 6.) As such, Plaintiff seeks permission of the Court to amend its Complaint to state a singular cause of action for Conversion.

ANALYSIS: 

The Court finds Plaintiff’s motion to be unnecessary, as Plaintiff is entitled by statute to amend their Complaint. C.C.P. § 472 provides the following:

A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.

Upon review the Court finds that no responsive pleading was ever filed in regard to Plaintiff’s Complaint.  Nor has Plaintiff previously amended their Complaint such that their statutory right to an initial amendment without leave of the Court was exhausted. While the Court is unaware of any authority which precludes Plaintiff from seeking leave to amend in such cases, the fact remains that doing so appears unnecessary where Plaintiff retains the right to amend without leave pursuant to C.C.P. § 472. Accordingly, the Court finds Plaintiff’s motion 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 

Financial Pacific Leasing, Inc.’s Motion for Leave to Amend came on regularly for hearing on December 13, 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 DENIED AS GRANTED.

PLAINTIFF IS ENTITLED TO FILE THEIR FIRST AMENDMENT COMPLAINT AS A MATTER OF RIGHT IN ACCORDANCE WITH C.C.P.§ 472.

CASE MANAGEMENT CONFERENCE AND OSC RE PROOF OF SERVICE OF FIRST AMENDED COMPLAINT IS SET FOR APRIL 24, 2025 AT 9:00 AM.

PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  December 13, 2024                          _______________________________ 

                                                                        F.M. TAVELMAN, Judge