Judge: Jon R. Takasugi, Case: BC508895, Date: 2024-02-22 Tentative Ruling

Case Number: BC508895    Hearing Date: February 22, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for leave to amend to add Larry Nava, an individual, in the application is GRANTED.

             On 5/14/2013, Plaintiff Edwin U. Perez (Plaintiff) filed suit against Larry’s Custom Furniture and Upholstery and Larry Nava (collectively, Defendants), alleging: (1) failure to pay wages; (2) failure to provide meal and rest periods; (3) failure to pay overtime wages; (4) failure to pay wages due upon termination; (5) failure to issue accurate itemized wage statements; and (6) unlawful/unfair business practices.

             On 12/3/2013, a default judgment of $23,186.78 was entered against Larry’s Custom Furniture and Upholstery, Inc., a California Corporation and Larry Nava, an individual.

On November 13, 2023, Plaintiff filed an Application and Notice for Renewal of Judgment and Notice for Renewal of Judgment.

Now, Plaintiff moves the Court for leave to amend his Application and Notice for Renewal of Judgment and Notice for Renewal of Judgment.

Discussion

            On November 13, 2023, Plaintiff filed an Application and Notice for Renewal of Judgment and Notice for Renewal of Judgment, but mistakenly forgot to include Larry Nava, an individual, in the application.

CCP section 473(a)(1) allows the Court to grant a party leave to amend any proceeding by adding any particulars necessary in furtherance of justice. 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.)

After review, the Court finds good cause exists to grant Plaintiff leave to amend. The 2013 default judgment was entered against both Larry’s Custom Furniture and Upholstery, Inc. and Larry Nava, as an individual. Accordingly, Plaintiff would be substantially prejudiced if he was denied the ability to collect against both debtors based on an error in his Application and Notice for Renewed Judgment.

Based on the foregoing, Plaintiff’s motion for leave to amend to add Larry Nava, an individual, in the application is granted.

It is so ordered.

Dated:  February    , 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.