Judge: Jon R. Takasugi, Case: 21SMCV00843, Date: 2022-10-18 Tentative Ruling

Case Number: 21SMCV00843    Hearing Date: October 18, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Kim’s motion for leave to amend to file a FAXC is GRANTED.

On 5/6/2021, Plaintiff Haydeh Motavassel (Plaintiff) initiated this action.

On 11/24/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) elder financial abuse; (2) fraudulent misrepresentation; (3) conversion; (4) intentional infliction of emotional distress; and (5) civil conspiracy.

            Now, Defendant/Cross-Complainant In Suk Kim (Kim) moves to file a first amended cross-complaint (FAXC).

Discussion

            Kim seeks to add two FEHA causes of action for racial harassment and discrimination, an alternative employment termination claim for retaliation in violation of Labor Code section 1102.5, applicable wage and hour claims, and a cause of action for bad faith withholding of a security deposit.

            Kim argues that she only just learned of these causes of actions after responding to Cross-Defendant’s first set of written discovery requests on 7/19/2022, and that no meaningful prejudice will result because the “great majority of the changes set forth in the First Amended Cross Complaint are based on the same set of facts,” neither party has taken a deposition yet, there is little, to no new discovery that will be necessary, and trial is not until 2/21/2023. (Motion, 3: 20-22.)

“Where a party is allowed to prove facts to establish one cause of action, an amendment which would allow the same facts to establish another cause of action is favored, and a trial court abuses its discretion by prohibiting such an amendment when it would not prejudice another party.” (Brady v. Elixir Industries (1987) 196 Cal.App.3d 1299, 1303 disapproved on other grounds in Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244-1251.)

Given that Kim’s proposed amendments are substantially based on already alleged facts, and discovery is still in the early stages, the Court finds no meaningful prejudice would result if leave to amend were granted.

Based on the foregoing, Kim’s motion for leave to amend to file a FAXC is granted.

It is so ordered.

Dated:  October    , 2022

   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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