Judge: Lee S. Arian, Case: 22STCV31634, Date: 2024-01-12 Tentative Ruling

Case Number: 22STCV31634    Hearing Date: January 12, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff Sarah Rickelton (“Plaintiff”)     

RESPONDING PARTY: Unopposed

I.            INTRODUCTION

This is an action arising from Plaintiff Sarah Rickelton (“Plaintiff”) slipping and falling due to overgrown shrubbery, which occurred on October 7, 2020. On September 28, 2022, Plaintiff filed a complaint against Defendants GHP Management Corp., Westcreek Properties Ltd., and Does 1 to 10, alleging a single cause of action for premises liability.

On November 2, 2022, Defendants GHP Management Corp. and Westcreek Properties Ltd. filed an answer to the complaint.

On September 6, 2023, Plaintiff filed and served a motion for leave to file a First Amended Complaint (the “Motion”). Plaintiff seeks to correct an erroneous date of incident in the complaint. As of January 9, 2024, no opposition to the Motion has been filed. Any opposition to the Motion was required to have been filed and served at least nine court days prior to the hearing. (Code Civ. Proc., § 1005, subd. (b).  

II.      LEGAL STANDARD

          The trial court has discretion to allow amendments to pleadings in the furtherance of justice. (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.” (Code Civ. Proc., § 576.) “There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding.” (Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945 [citation omitted].) “An application to amend a pleading is addressed to the trial judge’s sound discretion.” (Ibid. [citation omitted].) 

          Under Rule 3.1324, subdivision (b) of the California Rules of Court, a separate declaration must accompany a motion for leave to amend and must specify (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).) A party seeking leave to amend must attach a copy of the proposed pleading to the motion for leave to amend. (Cal. Rules of Court, rule 3.1324, subd. (a).)

III.    DISCUSSION

          In support of the Motion, Plaintiff presents the declaration of her counsel, Devin A. Cutting (“Cutting”). Counsel attests that the proposed amendments to the operative complaint merely correct the inaccurate date of incident in the complaint. (Cutting Decl., ¶ 4.) The effect of the amendment is to allow the pleadings to reflect the date the incident occurred. (Cutting Decl., ¶ 4.) The proposed First Amended Complaint is necessary and proper to ensure that Plaintiff is not denied her opportunity to recover damages for her injuries as a result of the mistake, inadvertence, or neglect of her counsel. (Cutting Decl., ¶ 5.) The incorrect date in the complaint was discovered by Plaintiff and her counsel at the beginning of her deposition, which took place on August 4, 2023. (Cutting Decl., ¶ 10.) Counsel attests that the request for leave to amend was filed as soon as Defendants indicated they were unwilling to stipulate to the proposed amendment. (Cutting Decl., ¶¶ 11-12.)  

          Plaintiff has attached the proposed First Amended Complaint to the declaration of Cutting in support of the Motion as Exhibit 1. Plaintiff has complied with California Rules of Court, rule 3.1324, subd. (b). The Motion is also unopposed which leads to an inference that it is meritorious. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

IV.     CONCLUSION

The Motion is GRANTED pursuant to Sexton v. Superior Court, supra, 58 Cal.App.4th 1403, 1410 as it is unopposed. Plaintiff is ordered to file and serve the proposed FAC within five court days of this order so that it becomes the operative pleading in this action.

Moving party is ordered to give notice 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.

      Dated this 12th day of January 2024