Judge Holly J. Fujie, Case Number: 23STCP01715, Date: 2024-03-19 Tentative Ruling

On May 18, 2023, Plaintiff Tohid Naeem (“Plaintiff”) filed the operative Complaint against Defendant Nidal A. Barakat (“Defendant”) for Violations of Tenant Anti-Harassment Ordinance.

On January 12, 2024, Plaintiff filed a Motion for Leave to File Second Amended Complaint. No opposition was filed. On January 31, 2024, this Court continued this matter to allow Plaintiff to serve Defendant with the Motion and to give Defendant the opportunity to respond.

On February 7, 2024, Plaintiff filed this instant Motion for Leave to File Second Amended Complaint. Plaintiff also filed proof of service by first-class mail.

Code of Civil Procedure Section 473 permits the trial court in its discretion to allow amendments to pleadings in the furtherance of justice. (Code Civ. Proc., § 473, subd. (a)(1).) Code of Civil Procedure Section 576 provides that any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. (Code Civ. Proc., § 576.) There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding. (Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945.) An application to amend a pleading is addressed to the trial judge’s sound discretion. (Id.) If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion. (Morgan v. Superior Court of Cal. In and For Los Angeles County (1959) 172 Cal.App.2d 527, 530.) Where no prejudice is shown to the adverse party, the liberal rule of allowance prevails. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.)

Under California Rules of Court (“CRC”), Rule 3.1324, a motion for leave to amend a pleading must be accompanied by a declaration that sets forth: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made sooner. (CRC, Rule 3.1324, subd. (b).)

The proof of service filed by Plaintiff indicates that Defendant was served with the January 31, 2024 Tentative Order Re: Motion for Leave to File Second Amended Complaint; Notice of Motion and Motion for Leave to File Second Amended Complaint; Memorandum of Points and Authorities in Support of Motion for Leave to File Second Amended Complaint; Declaration of Tohid Naeem in Support of Motion for Leave to File Second Amended Complaint; and Proposed Order at 1440 N. Sepulveda Blvd #331, Van Nuys, CA 91405. However, this is not the address on record for Defendant. Thus, it appears that Defendant still has not been properly served with Plaintiff’s Motion for Leave to File Second Amended Complaint and supporting documents. Due process requires a party to be fully advised of the issues to be addressed and be given adequate notice of what facts it must rebut in order to prevail. (Fenn v. Sherriff (2003) 109 Cal.App.4th 1466, 1482.)

Therefore, the Motion for Leave to File Second Amended Complaint is CONTINUED to April 30, 2024 at 8:30 a.m. to allow Plaintiff to serve Defendant at 7440 N. Sepulveda Blvd #331, Van Nuys, CA 91405 with the current Motion for Leave to File Second Amended Complaint and supporting documents, and to give Defendant the opportunity to respond. Plaintiff is ordered to serve said documents within five court days of the issuance of this Order.

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