Judge: Joseph Lipner, Case: 22STCV08380, Date: 2023-10-03 Tentative Ruling

Case Number: 22STCV08380    Hearing Date: October 3, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

          Plaintiff ALICE CASTOR moves for leave to file a first amended complaint.

          The Court GRANTS Plaintiff’s motion.

          Background

          Plaintiff Castor filed this employment suit against defendants Flame Pizzeria, LLC and Enoc Guardado on March 8, 2022. (Guardado has since been dismissed, and his name has been omitted from the body of the proposed amended complaint.)

          The attorney for Flame Pizzeria withdrew with leave of court on March 14, 2023. Flame Pizzeria, a corporate entity, failed to obtain counsel as required. The Court struck Flame Pizzeria’s answer on April 19, 2023.

          Plaintiff now moves to amend her complaint. Her motion asserts the amendment is necessary because her initial complaint contains no prayer for a specific amount of damages, meaning she cannot obtain default judgment. (Mot., 2:3-5; see Cal. Code Civ. Proc., § 580.)

          Plaintiff’s motion is granted. Plaintiff may file Exhibit A to the declaration of Plaintiff’s counsel as the operative first amended complaint in this action. Defendant is given thirty (30) days from service of the amended complaint or object to the amended complaint.

          Plaintiff to give notice of this order with a copy of the operative first amended complaint and file proof of such with the Court.