Judge: Laura A. Seigle, Case: 20STCV42063, Date: 2022-10-06 Tentative Ruling

Case Number: 20STCV42063    Hearing Date: October 6, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR LEAVE TO FILE FAC

            Plaintiff Christopher Baker filed this case on October 29, 2020.  On October 28, 2021, the case was sent out to trial against the four remaining defendants, Armstrong International, Inc.; Airgas USA LLC; Ric-Wil, Incorporated; and Red-White Valve Corp.  On November 30, 2021, the case settled and the jury was excused. 

            On August 29, 2022, Plaintiff filed a motion for leave to file a First Amended Complaint adding nine defendants – Ameron International Corporation, BW/IP International Inc., Boost HoldCo Company; J-M Manufacturing Company, Inc., Taco, Inc., FMC Corporation, Paccar Inc., Navistar, Inc., and Daimler Truck North America LLC.  Plaintiff’s counsel states that at some point in time, “it was first realized that the nine defendants had been missed as a defendant . . . during a routine file review.”  (Donadio Decl., ¶ 7.) 

            Under Code of Civil Procedure section 473, a court may allow a party to amend a pleading and postpone the trial to allow the amendment.  California Rule of Court, rule 3.1324 requires a declaration specifying “[w]hen the facts giving rise to the amended allegation were discovered” and “[t]he reasons why the request for amendment was not made earlier.”  The motion fails to provide this information.  Plaintiff filed this case two years ago, and after a successful preference motion, went to trial a year ago.  Over the course of several weeks, a jury was selected and the case was tried until the parties settled and the jury was discharged.  Plaintiff did not explain why he could not have discovered the nine new defendants when he first filed this action or before the trial. 

            The motion is DENIED.

            The moving party is to give notice.