Judge Kerry Bensinger, Case Number: 23STCV25154, Date: 2025-04-09 Tentative Ruling

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On October 16, 2023, plaintiff Jada Randolph (“Plaintiff”) commenced this FEHA action against defendant Amnisflux, LLC (“Defendant”). On May 7, 2024, Plaintiff filed the operative First Amended Complaint, which contains sixteen causes of action. Defendant has not appeared in this action.

On October 29, 2024, Plaintiff attempted to file the Second Amended Complaint (SAC). The SAC removes a cause of action and specifies the amount of damages sought for the remaining causes of action so that Plaintiff can obtain an entry of default.[1] The pleading was rejected on November 4, 2024 because Plaintiff had not obtained leave from the court.

The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect.¿ (Code Civ. Proc., § 473, subd. (a)(1).)¿ “Public policy dictates that leave to amend be liberally granted.”¿ (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.)¿ “Although 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 . . . this policy should be applied only ‘where no prejudice is shown to the adverse party.’¿ [Citation].¿ A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown.¿ [Citation.]” ¿(Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.)¿¿¿

A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleading are proposed to be deleted or added, if any, and where, by page, paragraph, and line number, the allegations are located. (Cal. R. Ct., rule 3.1324(a).)¿ The motion shall also be accompanied by a declaration attesting to the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why the request for amendment was not made earlier.¿ (Cal. R. Ct., rule 3.1324(b).)¿¿¿

In ruling on a motion for leave to amend a pleading, the court does not consider the merits of the proposed amendment, because “the preferable practice would be to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings.”¿ (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)¿ While the court may deny leave to amend where the proposed amendment is insufficient to state a valid cause of action or defense, such denial is most appropriate where the insufficiency cannot be cured by further amendment—i.e., where the statute of limitations has expired or the insufficiency is established by controlling caselaw. (California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 280-281, disapproved on other grounds in Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390.)¿¿¿

Plaintiff seeks leave to file the proposed SAC which removes a cause of action and specifies the damages sought for each cause of action. The motion complies with California Rules of Court, rule 3.1324. Given that Defendant has not¿appeared in this action, the court finds no prejudice will result from granting leave to file the SAC.

Based on the foregoing, the motion is GRANTED. The SAC is deemed filed as October 29, 2024. Plaintiff is ordered to serve the Second Amended Complaint on Defendant.

Kerry Bensinger

Judge of the Superior Court

[1] This is not a breach of contract case. If Plaintiff seeks to obtain a default and default judgment against Defendant, Plaintiff must serve a statement of damages on Defendant prior to the entry of default. (See Code Civ. Proc., § 580, subd. (a); Code Civ. Proc. § 425.11.)