Judge: Jon R. Takasugi, Case: 22STCV38925, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV38925    Hearing Date: May 22, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for leave to amend to file a First Supplemental Complaint (FSC) is GRANTED.

On 12/15/2022, Plaintiff Johnnie McGee (Plaintiff) filed suit against Defendant County of Los Angeles (County), alleging: (1) discrimination; (2) retaliation; and (3) failure to prevent discrimination, harassment, and retaliation. 

            Now, Plaintiff moves for leave to file a First Supplemental Complaint (FSC).

            The motion is unopposed.

Discussion

            Plaintiff seeks leave to amend to file a First Supplemental Complaint, on the grounds that it is necessary to add additional incidents of discrimination and retaliation that have occurred since this action was filed.

“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 until November 13, 2023, and no depositions have taken place. As such, Defendant cannot show any meaningful prejudice would result if leave to amend were provided.

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

It is so ordered.

Dated:  May    , 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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