Judge: Laura A. Seigle, Case: 21STCV30709, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV30709    Hearing Date: October 6, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR LEAVE TO FILE FAC

            Plaintiffs Kirt Bjoin and Allison Bjoin filed this action on August 19, 2021.  Trial is set for January 23, 2023.  On September 2, 2022, Plaintiffs filed a motion for leave to file a First Amended Complaint adding a cause of action for intentional concealment against defendant J-M Manufacturing Company, Inc. (“JMM”).  Plaintiffs claim they did not know the basis for the proposed new cause of action until August 22-26, 2022, when Plaintiffs’ counsel read some old deposition transcripts from JMM employees.  (Motion at p. 7.) 

The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect.  (Code Civ. Proc., § 473, subd. (a)(1).)  “Public policy dictates that leave to amend be liberally granted.”  (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.)  “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial . . . this policy should be applied only ‘where no prejudice is shown to the adverse party.’  [Citation].  A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown.  [Citation.]”  (Magpali v. Farmers Group, Inc. (1996) 47 Cal.App.4th 1024, 487.)

            JMM responds that the deposition transcripts are many years old, Plaintiffs’ counsel has had them for years, and JMM will not have the opportunity to conduct discovery and file a motion for summary judgment on the proposed cause of action given the current trial date.

            Plaintiffs’ counsel adequately explained why Plaintiffs are seeking to amend now.  However, at this point, JMM has no time to take discovery and file a motion for summary judgment based on the proposed new cause of action.  Therefore, the trial date and date for filing summary judgment motions will need to be continued.  Without a continuance JMM will be prejudiced.

            The motion is GRANTED.  Plaintiffs are to file and serve the First Amended Complaint within ten days.  The trial is continued to May 22, 2022 at 9 a.m.  The FSC is continued to May 8, 2022 at 9 a.m.  All dates are based on the new trial date.

            The moving party is to give notice.