Judge: Lee S. Arian, Case: 21STCV0899, Date: 2024-05-30 Tentative Ruling

Case Number: 21STCV0899    Hearing Date: May 30, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION FOR LEAVE TO AMEND 

Hearing Date: 5/30/24 

CASE NO./NAME: 21STCV08999 ABRAHAM LABBAD, et al. vs CITY OF BURBANK 

Moving Party: Plaintiffs

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION FOR LEAVE TO AMEND IS GRANTED

When a party moves to amend a pleading, “courts generally should permit amendment to the complaint at any stage of the proceedings, up to and including trial. [Citations.]” (Melican v. Regents of University of California (2007) 151 Cal.App.4th 168, 175.) In ruling on this type of motion, prejudice to another party is the main concern. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486.) The type of prejudice the court is to be concerned with should be something beyond simply having to cope with a potentially successful new legal theory of recovery that has been revealed during discovery. (Ibid.) Instead, the court should look for delays in the trial date, loss of critical evidence, extensive increase in the costs of preparation and other similar circumstances that create prejudice to another party. (Melican, supra, 151 Cal.App.4th at p. 176.)

A motion to amend a pleading before trial must include a copy of the proposed amendment or amended pleading.¿(Cal. Rules of Court, Rule 3.1324, subd. (a)(1).)¿A motion to amend a pleading must also be supported by a declaration which specifies the following: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Court, Rule 3.1324, subd. (b).)

Plaintiffs move the Court for leave to file a first amended complaint to add additional parties to the case. A proposed first amended complaint and a declaration complying with California Rules of Court, Rule 3.1324 have been filed. The parties have stipulated to the filing of the FAC, and the court notes that no opposition or allegation of prejudice has been presented. Thus, the motion is granted, with leave to amend within 20 days of this ruling.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.