Judge Lee S. Arian, Case Number: 22STCV16499, Date: 2024-01-31 Tentative Ruling

On May 18, 2022, Plaintiff Shakim Prawl (“Plaintiff”) filed a complaint against Defendant Kyle Amundsen (“Defendant”) and DOES 1 to 25, inclusive for (1) motor vehicle negligence and (2) general negligence. The complaint alleges on or about July 14, 2021, Defendant negligently operated his vehicle causing it to collide with Plaintiff’s vehicle resulting in injuries and damages to Plaintiff.

On July 15, 2022, Defendant filed the operative Answer. On September 27, 2023, Defendant filed this instant Motion for Leave to File First Amended Answer. The opposition was due January 18, 2023. As of January 25, 2024, no opposition has been filed.

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc., § 473, subd. (a)(1).)

“Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code Civ. Proc., § 576.)

Defendant is seeking leave to file a First Amended Answer to the Complaint on the grounds that the amendment is in the furtherance of justice because adding “plaintiff (owner and/or operator) uninsured [Civil Code section 3333.4(a)(2), (3)]” as a fifth additional affirmative defense will allow Defendant to assert all possible defenses to the action. Defendant argues Plaintiff will not be prejudiced if Defendant is permitted to amend their answer to include Civil Code section 3333.4 as an affirmative defense because the trial date is November 15, 2023, thus the discovery cut-off date is October 15, 2023. Further, Defendant stated he would seek a trial continuance. Moreover, Defendant contends Plaintiff should not need to conduct any discovery as to the issue of Plaintiff’s own motor vehicle insurance but if Plaintiff believed it was necessary there is ample time to do so. Lastly, Defendant argues he will be prejudiced if denied the opportunity to assert all possible defenses to Plaintiff’s claims.

According to the court record, the trial date has been continued to April 23, 2024. Furthermore, this present motion remains unopposed despite it being filed five months ago. Additionally, Defendant is only adding one affirmative defense.

Defendant’s motion for leave to file a first amended answer is GRANTED. An amended answer may be filed within 20 days of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Hon. Lee S. Arian

Judge of the Superior Court