Judge: Kevin C. Brazile, Case: 20STCV33101, Date: 2025-04-17 Tentative Ruling

Hearing Date: April 17, 2025 

Case Name: Babazadeh-Shraga v. Babazadeh, et al.

Case No.: 19STCV45055

Matter: Motion for Leave to File Amended Answer

Moving Party: Gohar Babazadeh

Responding Party: Jila Babazadeh-Shraga

Notice: OK

Ruling: The Motion is denied.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA 

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Gohar seeks leave to file an amended answer so as to add the affirmative defense of the statute of limitations.  Gohar contends that “Plaintiff’s new counsel has made clear that Plaintiff intends to support her claims for breach of fiduciary duty with evidence of conduct by Gohar that is barred by the statute of limitations. Plaintiff’s counsel further claims that Gohar cannot object to evidence of this untimely conduct because Gohar has not alleged the defense of limitations.”

Either these matters (a) are not encompassed in the operative pleadings and, therefore, cannot be raised or (b) they are encompassed by the pleadings, but Gohar waited too long to raise the statute of limitations defense, as trial is set for April 21, 2025—this would be prejudicial.  Either way, an amendment at the eleventh hour is not needed.  

The Motion is denied. 

Moving party to give notice.