Judge: Kevin C. Brazile, Case: 21STCV02464, Date: 2023-04-04 Tentative Ruling

Hearing Date: April 4, 2023

Case Name: Guerrero v. FCA US LLC, et al. 

Case No.: 21STCV01815

Matter: Motion for Leave to Amend Complaint

Moving Party: Plaintiff Linda Guerrero

Responding Party: Defendant FCA US LLC

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Linda Guerrero seeks leave to file an amended complaint alleging a stalling defect.

Defendant FCA US LLC argues (1) Plaintiff seeks to totally reframe her fraud claim; (2) there has been a long, unexplained delay; and (3) there would be prejudice in the form of increased costs of discovery and law and motion. 

The Court may, in the furtherance of justice, and upon any terms as may be proper, allow a party to amend any pleading.  (Code Civ. Proc. §§ 473, 576.)  In general, California courts liberally exercise discretion to permit amendment of pleadings in light of a strong policy favoring resolution of all disputes between parties in the same action.  (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.)  “[T]here is a strong policy in favor of liberal allowance of amendments.”  (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296.)  Pursuant to this policy, requests for leave to amend generally will be granted unless the party seeking to amend has been dilatory in bringing the proposed amendment before the Court, and the delay in seeking leave to amend will cause prejudice to the opposing party if leave to amend is granted.  (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565.)  The decision on a motion for leave is directed to the sound discretion of the trial court.  (See generally Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2014) ¶¶ 6:637 et seq.)

Given that the trial date is set for August 2024, the Court cannot find sufficient prejudice to warrant that the amendment be precluded.  

The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.