Judge Lee W. Tsao, Case 22NWCV00296 2023-01-31 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00296, Date: 2023-01-31 Tentative Ruling

Case Number: 22NWCV00296 Hearing Date: January 31, 2023 Dept: C

KB WESTCHESTER BUILDING, LLC v. LATIGO, INC.

CASE NO.: 22NWCV00296

HEARING: 1/31/23 @ 10:30 AM

TENTATIVE RULING

Plaintiff KB Westchester Building, LLC’s unopposed motion for leave to file first amended complaint is GRANTED. Plaintiff is ordered to file and serve its first amended complaint by February 1, 2023.

Moving Party to give NOTICE.

Plaintiff KB Westchester Building, LLC (“KB”) moves for leave to file a first amended complaint pursuant to CCP § 473.

“A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.)

“Except as provided in subdivisions (b) and (c), if the lessor brings an unlawful detainer proceeding and possession of the property is no longer in issue because possession of the property has been delivered to the lessor before trial or, if there is no trial, before judgment is entered, the case becomes an ordinary civil action in which: (1) The lessor may obtain any relief to which he is entitled, including, where applicable, relief authorized by Section 1951.2; but, if the lessor seeks to recover damages described in paragraph (3) of subdivision (a) of Section 1951.2 or any other damages not recoverable in the unlawful detainer proceeding, the lessor shall first amend the complaint pursuant to Section 472 or 473 of the Code of Civil Procedure so that possession of the property is no longer in issue and to state a claim for such damages and shall serve a copy of the amended complaint on the defendant in the same manner as a copy of a summons and original complaint is served.” (CC § 1952.3(a).)

The court finds that judicial efficiency favors resolving all of the parties’ disputed matters in the same lawsuit. Possession is no longer at issue in this unlawful detainer action, and Plaintiff may amended the complaint to state a claim for breach of lease and damages.

Accordingly, the motion is GRANTED. Plaintiff is ordered to file and serve its first amended complaint by February 1, 2023.