Judge: Glenn R. Salter, Case: 22-1247729, Date: 2023-08-10 Tentative Ruling

The (second) motion of plaintiff for leave to file a Second Amended Complaint that would make corrections to the complaint and would allow the inclusion of a fifth cause of action for “reckless disregard” (thereby seeking punitive damages), is DENIED without prejudice.

The facts alleged in the proposed fifth cause of action are little more than a restatement of the facts that were alleged in support of the basic negligence claims.  They do not, as pled, support a claim for punitive damages.

Although there is a general rule of great liberality when it comes to motions for leave to amend pleadings, courts retain discretion to deny such motions where, as here, the proposed amendment does not, on its face, state a viable cause of action.

The defendant shall give notice.