Judge: Jon R. Takasugi, Case: 22STCV20773, Date: 2023-03-20 Tentative Ruling

Case Number: 22STCV20773    Hearing Date: March 20, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion for leave to amend is GRANTED.

            On 6/27/2022, Plaintiffs Francisco Sanchez Sanchez, Maria Alonzo Zuniga, Leslie Flores Alonso, Fabiola Sanchez Alonso by and through her guardian ad litem Francisco Sanchez Sanchez, Christian Sanchez Alonso by and through his guardian ad litem Francisco Sanchez Sanchez, and Emily Sanchez Alonso by and through her guardian ad litem Francisco Sanchez Sanchez (collectively, Plaintiffs), filed suit against David Soleymani. On 8/9/2022, Plaintiffs filed a first amended complaint (FAC), alleging: (1) breach of implied warranty of habitability; (2) breach of covenant of quiet use and enjoyment; (3) negligence; (4) premises liability; (5) violation of California Civil Code section 1942.4; and (6) nuisance.

            Now, Plaintiffs seek leave to amend to file a Second Amended Complaint. (SAC).

Discussion

            Plaintiffs seek leave to amend to correct typographical errors and add a cause of action to the Complaint to clarify that Defendants’ acts were undertaken with malicious, oppressive, and/or fraudulent intent.

“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, a trial date was only just set in January 2023, and discovery is in the early stages. Defendants have not yet taken any depositions in this action, nor have they propounded any written discovery on Plaintiffs. As such, the Court concludes that no meaningful prejudice would result if leave to amend was afforded.

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

It is so ordered.

Dated:  March    , 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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