Judge: Lee W. Tsao, Case: 23NWCV00556, Date: 2023-05-10 Tentative Ruling

Case Number: 23NWCV00556    Hearing Date: May 10, 2023    Dept: C

first imperial properties, llc v. humanity dental service, inc

CASE NO.:  23NWCV00556

HEARING:  5/10/23 @ 1:30 PM

#8

TENTATIVE RULING

Plaintiff First Imperial Properties’ motion for leave to amend the Complaint is GRANTED.

Moving Party to give NOTICE.

Plaintiff First Imperial Properties (Plaintiff) moves for leave to amend the Complaint pursuant to CCP § 473(a)(1).

“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 . . . .” (CCP § 473(a)(1).) “Trial courts are vested with the discretion to allow amendments to pleadings ‘in furtherance of justice.’ (Code Civ. Proc., § 473.) That trial courts are to liberally permit such amendments at any stage of the proceedings, has been established policy in this state since 1901. [Citations.]” (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488-489.)

On February 17, 2023 Plaintiff filed its Complaint against Defendant Humanity Dental Services, Inc. (Defendant) which erroneously named Humanity Dental Service, Inc for unlawful detainer of a commercial property located at 15651 Imperial Highway, Suite 206, La Mirada, California. On March 15, 2023, Plaintiff filed its proof of service by posting and certified mail. Defendant did not answer the Complaint and Plaintiff now seeks default judgment. Plaintiff’s first request for default judgment was rejected due to Plaintiff naming Defendant as Humanity Dental Service, Inc instead of Humanity Dental Services, Inc. Plaintiff now seeks leave to amend its Complaint to correct the name of Defendant.

Plaintiff is granted leave to amend its Complaint to change Defendant’s name because the amendment is necessary in furtherance of justice. Plaintiff will not be able to continue its case with Defendant’s incorrect name. Thus, Plaintiff is granted leave to amend its Complaint to correct this error.

Accordingly, Plaintiff First Imperial’s motion for motion for leave to amend the Complaint is GRANTED.