Judge: Laura A. Seigle, Case: 22STCV12856, Date: 2023-02-22 Tentative Ruling
Case Number: 22STCV12856 Hearing Date: February 22, 2023 Dept: 15
[TENTATIVE] ORDER RE MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
On April
18, 2022, Plaintiffs Keith W. Slawson and Nancy L. Slawson filed this action
for personal injury and loss of consortium due to asbestos exposure. Keith
Slawson passed away on December 12, 2022. On January 25, 2023, Plaintiff Nancy L.
Slawson filed a motion for leave to amend the complaint to appoint her as successor-to-interest
to Keith Slawson (“Decedent”) and continue survival claims on Decedent’s behalf
and add Decedent’s adult children, Jaclyn Slawson-Brooks, Jason Slawson, Jeremy
Slawson and Joseph Slawson, as plaintiffs to bring cause of action for wrongful
death. This motion is unopposed.
The court can
permit amendment of any pleading on any terms and “in other particulars” as may
be proper.” (Code Civ. Proc., § 473,
subd. (a).) If the motion is timely
made, and the granting of the motion will not result in prejudice to the
opposing party, it is error to refuse permission to amend. (Morgan v. Superior Court of Los Angeles
County (1959) 172 Cal.App.2d 527, 530.)
Plaintiffs provide a copy of the
proposed first amended complaint. (Index of Exhibits, Ex. C.) Plaintiffs contend that the motion is timely
because the statutory deadline for Plaintiffs’ survival action is June 12,
2023. (Walters Decl., ¶
7.) Plaintiffs
argue that the proposed first amended complaint will not prejudice Defendants
and should be allowed in the furtherance of justice and judicial economy. (Motion pp. 4-5.)
Because this motion is unopposed and
no trial date has been set, Defendants will not suffer prejudice as a result of
the amendment.
Accordingly, this motion is GRANTED.
Plaintiffs are to file and serve the
first amended complaint within five days of the date of this order. Defendants are to file answers to the first amended
complaint even if they answered the original complaint.
Moving party is ordered to give
notice.