Judge: Jon R. Takasugi, Case: 23STCV30245, Date: 2024-07-16 Tentative Ruling
Case Number: 23STCV30245 Hearing Date: July 16, 2024 Dept: 17
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
| TAE SUNG SHIN vs. GENWORTH LIFE INSURANCE COMPANY, et al. | Case No.: 23STCV30245 Hearing Date: July 16, 2024 |
Plaintiff’s motion for leave to amend to file a FAC is GRANTED.
On 12/12/2023, Plaintiff (Tae Sung Shin) filed suit against Genworth Life Insurance Company, Hanmi Bank, Susan Cho, Michelle Kim, and John Kim, alleging: (1) breach of life insurance contract; (2) breach of the duty of good faith and fair dealing; (3) breach of bank account contract; (4) breach of fiduciary duty; (5) resulting trust; (6) constructive trust; (7) tortious interference with contractual relations; (8) unjust enrichment; (9) common counts; (10) declaratory relief; and (11) injunctive relief.
On 4/9/2024, Plaintiff moved for leave to file a first amended complaint (FAC).
Defendants filed a notice of non-opposition.
Discussion
Plaintiff seeks leave to amend to file a FAC.
The proposed amendment would clarify existing allegations, would add causes of action against the individual defendants for Elder Abuse, Conversion, and Cancellation of Instrument, and would remove causes of action for breach of fiduciary duty against Hanmi Bank, and for tortious interference with contractual relations against the individual defendants.
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, trial is not until 11/10/2025. Plaintiff’s motion is adequately supported by a proposed amended pleading and a substantive explanation as to why the new allegations are necessary. Accordingly, the Court finds no meaningful prejudice would result from granting leave to amend.
Based on the foregoing, Plaintiff’s motion for leave to amend to file a FAC is granted.
It is so ordered.
Dated: July , 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.