Judge: James L. Crandall, Case: 21-1212461, Date: 2022-07-28 Tentative Ruling

Motion for Leave to File Amended Complaint

Plaintiff moves under Code Civ. Proc. §§ 473(a) and 576 for leave to file a proposed second amended complaint to add a third cause of action for negligent supervision against defendants Nicole Campbell and Barry Campbell.

Subdivision (a)(1) of section 473 gives the Court 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.”

Section 576 likewise gives the Court discretion to amend a pleading “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper.”

Subdivision (a) of CRC 3.1324 requires a motion for leave to amend a pleading before trial to: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

Subdivision (b) of Rule 3.1324 requires a party moving for leave to amend to accompany the motion and specify: (1) the effect of the amendment; (2) why the amendment is necessary; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.

Plaintiff has substantially complied with these requirements. She has submitted a copy of the proposed SAC with the moving papers and indicated that it will add a third cause of action for negligent supervision against defendants Nicole Campbell and Barry Campbell.

The reply indicates that the amendment is based on facts disclosed by both defendants in their responses to special interrogatories and by defendant Barry Campbell in his deposition.

Responding defendant Nicole Campbell opposes the motion and contends that she will suffer prejudice if the motion is granted and plaintiff is permitted to file the proposed SAC with the new cause of action because of the MSJ that was recently heard by the Court and continued to November 2022.

Responding defendant contends that the SAC will moot that MSJ and require her to conduct discovery.

While the SAC would moot the MSJ, the facts alleged in the new cause of action should be within the responding defendant’s own knowledge.

Furthermore, trial is not until July 17, 2023, which gives the parties more than sufficient time to refile for summary judgment and propound discovery.

RULING: The motion of minor plaintiff Brielle Foote, by and through Robert B. Harris as her GAL, for leave to file a proposed second amended complaint to add a third cause of action for negligent supervision against defendants Nicole Campbell and Barry Campbell is GRANTED.

The original SAC should be filed and served within five Court days.

Moving Party to give notice.

Future hearing dates:

11/17/22 – MSJ

6/16/23 – MSC

7/17/23 – Jury Trial