Judge: Kenneth J. Medel, Case: 37-2023-00023763-CU-PO-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00023763-CU-PO-CTL OVERSON VS MENDES ARAUJO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Memorandum of Points and Authorities, 11/21/2023

TENTATIVE RULING Plaintiff Zachary Overson's motion for leave to amend is GRANTED.

'Motion for leave to amend are directed to the sound discretion of the judge. . . . However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.' (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Procedurally, the motion substantially complies with California Rule of Court, rule 3.1324. Substantively, there is good cause to permit Overson to seek attorney fees under Code of Civil Procedure section 1021.4 based on Defendant Rafael Mendes Araujo's felony conviction. Defendant Carla McEwen has not demonstrated undue delay, prejudice, or any other basis for denying leave to amend, particularly in light of Overson's agreement to clarify that such fees are sought only against Araujo.

The motion is therefore granted. Overson shall filed the amended complaint within 10 days.

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