Judge: Jon R. Takasugi, Case: 20STCV46143, Date: 2023-04-24 Tentative Ruling

Case Number: 20STCV46143    Hearing Date: April 24, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion for leave to amend is GRANTED.

            On 12/3/2020, Plaintiffs Juan Antonio Alvizurez, Arely I. Perez, Keily D. Perez, a minor by and through her guardian ad litem Arely I. Perez, Darwin E. Perez, a minor by and through her guardian ad litem Arely I. Perez, Justin N. Perez, a minor by and through her guardian ad litem Arely I. Perez, Flor De Maria Marroquin, Angela V. Garcia minor by and through her guardian ad litem Flor De Maria Marroquin, and Yanelin R. Perez filed suit against Beach City Properties, alleging: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance.

            Now, Plaintiffs seek leave to amend to add two causes of action for alter-ego liability and violation of Civil Code section 1940.5.

Discussion

            In support of their motion to leave, Plaintiffs explain that they became aware of alter-ego allegations after they deposed Amelia Bjork, a principal of Defendant, and she admitted to the comingling of corporate affairs with personal affairs, such as “entering into contractual relationships for the subject property under Defendant Bjork’s name as an induvial rather than the corporation, and the possibility making material representations to the City of Los Angeles regarding property tax/occupant exemptions, thereby substantially affecting the corporate formalities required. Such acts were created to defraud creditors and shield personal liability for personal acts.” (Motion for Leave, 1:28-2:6.)

            Plaintiffs further explain that they “recently discovered that during the operative lease agreement, Defendants threatened to report Plaintiffs’ immigration status to law enforcement agencies and immigration authorities with the intent to harass, retaliate and deter Plaintiffs from exercising their right to reside in a habitable property.” (Motion for Leave, 2: 8-12.)

“This statutory provision giving the courts the power to permit amendments in furtherance of justice has received a very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) Cal.2d 13, 19. The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice, such as the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs.  (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.)

            Here, trial is not set until 7/24/23, and Defendants have not shown they will suffer any meaningful prejudice if the amendments are allowed.

Based on the foregoing, Plaintiffs’ motion for leave to amend is granted.

It is so ordered.

Dated:  April    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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