Judge Holly J. Fujie, Case Number: 22STCV36219, Date: 2024-03-15 Tentative Ruling

The Court has considered the moving papers. Plaintiff’s Motion For Leave To File First Amended And Supplemental Complaint is GRANTED.

Suzanne Carney (Plaintiff) filed a Complaint on November 16, 2022, alleging three causes of action: (1) nuisance, (2) trespass, and (3) inverse condemnation against the City of Los Angeles (the City) after the City allegedly caused damage to Plaintiff’s property while attempting to repair a sewage line. The motion before the Court now is Plaintiff’s Motion for Leave to File a First Amended and Supplemental Complaint (Motions). The Motion is unopposed.

Plaintiff owns 2298 Ronda Vista Drive, Los Angeles, California, 90027 (the Property). In anticipation of selling the property, Plaintiff hired a contractor to conduct a sewer inspection. (Complaint, ¶¶ 5-6.) At the recommendation of the contractor, Plaintiff contacted the City after the contractor’s inspection revealed that the sewer pipes were decaying. (Complaint, ¶ 7.) Plaintiff then alleges that in the City’s attempts at repairing the sewer pipes, the City cause more damage including digging a large hole in a portion of the Property, exposing bedding planes on the hillside, and leaving the hillside where the Property was located vulnerable to landslides. (See Complaint, ¶¶ 9 and 18.) Plaintiff then filed suit.

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. (Ca. Civ. Proc. Code § 472(a).)

Plaintiff files for leave to amend because further discovery has unearthed facts that were nor previously available to Plaintiff. Plaintiff seeks to add, among other things, a contract claim, however the grounds for this claim were not made known to Plaintiff until December 6. Then Plaintiff, pursuant to the Government Claims Act, was obligated to file a Government Claim, receive a denial, then file with this Court. Plaintiff has done so.

The Court notes that the Motion was filed well after the answer. However, as Plaintiff points out, delay alone is not grounds for denial, prejudice must be shown too. ((Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. [“Where no prejudice is shown to adverse party, liberal rule of allowance prevails to permit amendment to a pleading in furtherance of justice.”]) The City has not shown prejudice, and the Court sees none.

Accordingly, Plaintiff’s Motion For Leave To File First Amended And Supplemental Complaint is GRANTED.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court