Judge: Kenneth J. Medel, Case: 37-2021-00006380-CU-OR-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00006380-CU-OR-CTL KAROLIN SADO TRUSTEE OF THE HSJM PACIFIC RIM TRUST VS FORRESTER CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 09/13/2023

Plaintiff's Motion to Amend is DENIED. Plaintiff has not complied with CRC 3.1324. A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. The declaration of counsel does not meet the above requirements.

The Court also makes the observation that this case alleged one property to this point and this motion appears to add two additional properties. This case is poised for trial on November 3, 2023 and a TRC is set for October 20, 2023. The motion appears to be late and there is no explanation for the delay.

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