Judge: Lee W. Tsao, Case: 22NWCV00447, Date: 2023-08-15 Tentative Ruling

Case Number: 22NWCV00447    Hearing Date: August 15, 2023    Dept: C

YANDELL v. RANDLE, et al.

CASE NO.:  22NWCV00447

HEARING:   8/15/23

#5

TENTATIVE RULING

Plaintiff Yandell’s unopposed motion for leave to file first amended complaint is GRANTED.  Plaintiff is ordered to file the first amended complaint by August 15, 2023.

Moving Parties to give NOTICE.

Plaintiff Yandell moves for leave to file a first amended complaint pursuant to CCP § 473.

Plaintiff’s Complaint alleges that Defendant Gregory Randle obtained $450,000 of. Yandell's money by (1) promising to invest $100,000 in a real estate project, (2) acquiring control of plaintiffs savings by representations that he needed to establish, in connection with his business, access to financial resources, by creating a "joint" bank account, and (3) thereafter withdrawing $350,000 of plaintiffs money without permission or notice, knowing such withdrawal to be contrary to Plaintiffs wishes.  The Complaint asserts causes of action for:

1.      Breach of Fiduciary Duty

2.      Conversion

3.      Accounting

4.      Money Had and Received

“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.) 

Plaintiff seeks leave to allege Plaintiff’s entitlement to treble damages pursuant to Penal Code § 496, as a victim of embezzlement.  There is no opposition.  Accordingly, the motion is GRANTED.  Plaintiff is ordered to file the first amended complaint by August 15, 2023.