Judge: Jon R. Takasugi, Case: 22STCV33625, Date: 2024-03-06 Tentative Ruling

Case Number: 22STCV33625    Hearing Date: March 6, 2024    Dept: 17

            Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for leave to amend to file a FAC is GRANTED.

On 10/17/2023, Plaintiff Rafael Claros (Plaintiff) filed suit against Flawless Diamond Logistics, LLC and Jairo Pineda, alleging, (1) wrongful termination; (2) violation of wage and hour laws—unpaid vacation; (3) violation of rest period law; (3) violation of meal period law; (5) violation of wage and hour laws—unpaid overtime wages; (6) failure to pay wages; (7) failure to provide accurate wage statement; (8) violation of Labor Code section 2810.5; (9) failure to provide COVID-19 paid sick leave; (10) violation of per diem rates; (11) waiting time penalties; (12) violation of Business and Professions Code section 17200; (13) penalties for violation of Labor Code; (14) wrongful termination; (15) discrimination based on disability; (16) failure to accommodate; (17) failure to engage in the interactive process; (18) harassment based on age; (19) harassment based on race/national origin; (20) retaliation; (21) failure to take all reasonable steps; (22) intentional infliction of emotional distress (IIED).

On 7/13/2023, the parties stipulated to set aside Defendants’ defaults entered on 12/29/2022 and 1/12/2023 respectively.

Now, Plaintiff moves for leave to amend to file a first amended complaint (FAC).

Discussion

            Plaintiff seeks leave to amend in order to allege successor-in-interest and alter-ego liability.

            In support, Plaintiff argues: 

Plaintiff recently learned that a new company, First Class Evolution Logistics, Inc. (“FCEL”) is using the assets of FDL and Plaintiff is informed and believes that FCEL failed to provide adequate or any consideration for FDL’s assets and is therefore, the successor-in-interest to FDL and liable to FDL’s creditors. Further, Plaintiff has discovered facts which indicate that there is such a unity of interest and control between and among defendants, and each of them, that the individuality and separateness of said entities and individuals, and each of them, as distinct from the others has ceased and/or never existed in the first place. Plaintiff contends that adherence to the fiction of the separate existence of defendants, or any of them, under the circumstances, would sanction fraud and inequity and promote injustice because in the event damages are awarded to Plaintiff in this action, each of said defendants will be unable to respond by way of satisfying any such judgment….

            (Motion, 3: 17-27.)

            Plaintiff notes that the facts supporting these new allegations were not discovered until 10/19/2023, when Plaintiff took the deposition of Defendant Pineda. 

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. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Here, Plaintiff only recently discovered facts to support these new claims, and moved without unreasonable delay to add those claims. Trial is not until 3/10/2025. Accordingly, the Court finds no meaningful prejudice if leave to amend is granted.

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

It is so ordered.

Dated:  March    , 2024

   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.  For more information, please contact the court clerk at (213) 633-0517.