Judge: H. Jay Ford, III, Case: 24SMCV01697, Date: 2024-08-06 Tentative Ruling

Case Number: 24SMCV01697    Hearing Date: August 6, 2024    Dept: O

8-6-24 24SMCV01697 Naeem Motion for Leave to File SAC

Plaintiff Tohid Naeem's Motion for Leave to Second Amended Complaint pursuant to CCP § 473(a)(1) is GRANTED. Plaintiff filed the motion on 6-10-24, and as of 8-3-24 no opposition has been filed. Plaintiff declares the amendment is necessary to correct errors and "provide a more detailed and accurate statement" of Plaintiff's claims. (Naeem Decl., ¶¶ 3, 4.) Plaintiff attached a copy of the proposed SAC to the motion pursuant to Cal. Rules of Court, Rule 3.1324. No trial date is set so the SAC filing will not prejudice the Defendant. The Court orders Plaintiff to file the proposed SAC with the Court immediately after the hearing.

Applicable Law:

"(a)(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code."