Judge: Jon R. Takasugi, Case: 23STCV06789, Date: 2023-06-23 Tentative Ruling

Case Number: 23STCV06789    Hearing Date: June 23, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion for leave to amend is GRANTED.

            On 3/28/2023, Plaintiff Grabit Interactive Media, Inc. dba Kerv or Kerv Interactive filed suit against Andrew Welch, alleging: (1) breach of written contract; (2) anticipatory breach; (3) declaratory relief; and (4) injunctive relief.

            Now, Plaintiff moves for leave to amend to file a First Amended Complaint (FAC).

Discussion 

            Plaintiff seeks leave to amend on the grounds that Defendant has allegedly engaged in new unlawful conduct which has given rise to new and additional causes of action not included in the original Complaint. The two new causes of action for intentional interference with prospective business advantage and libel per se also support a prayer for punitive damages. The FAC also adds two new Plaintiffs, Gary Mittman and Daniel Bienenfeld.

“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, litigation is at a very early stage. Discovery has yet to commence and no trial date has been set. 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:  June    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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