Judge: Kevin C. Brazile, Case: 24STCV03846, Date: 2025-04-08 Tentative Ruling

Hearing Date: April 8, 2025

Case Name: Mellone v. Horist, et al.

Case No.: 22STCV21735 

Matter: Motion for Leave to File First Amended Cross-Complaint

Moving Party: Cross-Complainant Terry Horist

Responding Party: Cross-Defendant Customline Woodworking Inc., joined by Kristof

Construction Company and Luca Livy

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

This is a construction defect case.  Terry Horist now seeks leave to file a first amended cross-complaint that will have “(1) non-substantive clerical corrections; (2) addition of new causes of action based on facts already pleaded; (3) modification to the Prayer based on the new causes of action and 4) deletion of attorneys fees from the prayer.”

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 in November 2025, the Court cannot find sufficient prejudice that would preclude an amendment.  

The Motion is granted.  The FACC must be filed within 10 days. 

Moving party to give notice.