Judge: Kenneth J. Medel, Case: 37-2021-00046382-CU-WT-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2021-00046382-CU-WT-CTL SANCHEZ VS CORECIVIC OF TENNESSEE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 07/10/2023

Plaintiff Monica Nicole William Sanchez's motion for leave to amend is granted. Plaintiff shall file and serve the second amended complaint by September 21, 2023.

Courts are bound to apply a policy of great liberality in permitting amendments to the complaint 'at any stage of the proceedings, up to and including trial,' absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Leave to amend is freely given when the amendment does not change the fundamental nature of the action, even if it adds a new cause of action. 5 Witkin, California Procedure (4th ed. 1997) Pleading, §1167, pp. 627-629. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Plaintiff seeks leave to amend to remove the intentional infliction of emotional distress claim and assert additional factual allegations into her existing cause of action for negligence.

The Court has carefully considered the moving and opposing papers. The Court is not persuaded that plaintiff was dilatory in seeking leave to amend or that defendants will be prejudiced by the granting of this motion.

By granting leave to amend, Plaintiff will be permitted to file and serve her amended complaint. The Court is not adjudicating the sufficiency of any claim asserted in the amended complaint or the applicability of any defense. (See Weil & Brown, Civil Procedure Before Trial § 6:644 ['Ordinarily, the judge will not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. Grounds for demurrer or motion to strike are premature. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading.'].) Defendants are able to challenge the new allegations by demurrer, motion or at trial.

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