Judge: John C. Gastelum, Case: 21-01225035, Date: 2022-12-06 Tentative Ruling

(1) Motion for Leave to File Amended Complaint (2) CMC                   

Tentative Ruling: Plaintiff Griffin Burke (“Plaintiff”) moves for an order granting leave to file a first amended complaint.

Pursuant to California Rules of Court, Rule 3.1324(b), a separate declaration must accompany the Motion and must specify the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the allegations were discovered, and the reason why the request for amendment was not made earlier.  Plaintiff has failed to submit a declaration in compliance with Rule 3.1324(b).

Plaintiff has also failed to comply with Rule 3.1324(a), which requires that Plaintiff state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located and 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. 

This Motion was originally set for hearing on September 13, 2022 and was continued to December 6, 2022 so Plaintiff could submit a declaration in compliance with Rule 3.1324.  Plaintiff has failed to do so.

Thus, the Motion is DENIED.

Defendant Kamryn Whitney Court Reporting to give notice.