Judge: H. Jay Ford, III, Case: 21SMCV00750, Date: 2024-03-26 Tentative Ruling


Case Number: 21SMCV00750    Hearing Date: March 26, 2024    Dept: O

Case Name:  Pauley, et al. v. CAA General Contractors Inc., et al.

Case No.:

21SMCV00750

Complaint Filed:

4-11-21          

Hearing Date:

3-26-27

Discovery C/O:

4-1-24

Calendar No.:

1

Discovery Motion C/O:

4-15-24

POS:

OK

 Trial Date:

8-12-24

SUBJECT:                 MOTION FOR LEAVE TO AMEND COMPLAINT

MOVING PARTY:   Plaintiffs Jill Pauley and Brandon Howlett

RESP. PARTY:         Defendant Cesar Andrino dba CAA General Contractor (Erroneously Sued as CAA General Contractors Inc.)

 

TENTATIVE RULING

            Plaintiffs Jill Pauley and Brandon Howletts’ Motion for Leave to Amend the Complaint adding the intentional misrepresentation cause of action against Defendant Cesar Andrino and to include Steven Guban as DOE Defendant No. 1 is GRANTED.  Plaintiff’s declaration in support of the motion satisfies the requirements under CRC Rule 3.1324.  Plaintiff includes the proposed amended complaint, the effects of the amendment, why the amendment is necessary and proper,  and the recently received information that prompted the amendment.  (See Compl., Ex. A; Herrmann Decl., ¶¶1–12.)

             The Court acknowledges the proposed amendments potentially could cause a further delay of the trial. If a trial continuance is necessary counsel may submit a stipulation and order that identifies the remaining discovery to be completed and the proposed continued trial date.