Judge: Kevin C. Brazile, Case: BC673256, Date: 2022-09-29 Tentative Ruling

Hearing Date: September 29, 2022

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

Case No.: 22STCV17236

Matter: Motion for Leave to File First Amended Complaint

Moving Party: Plaintiff Victor Reyes

Responding Party: Unopposed

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. 

On May 25, 2022, Plaintiff Victor Reyes filed the operative Complaint against FCA US LLC for (1) breach of the Song-Beverly Act and (2) breach of implied warranty.

Plaintiff now seeks leave to add a third cause of action for violations of the Magnuson-Moss Consumer Warranty Act.  

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.)

As it is not apparent there would be any prejudice, 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.