Judge: Lee W. Tsao, Case: 23NWCV00781, Date: 2023-05-17 Tentative Ruling

Case Number: 23NWCV00781    Hearing Date: May 17, 2023    Dept: C

Melvin gilman trust v. eric soto, et al.

CASE NO.:  23NWCV00781

HEARING:  5/17/23 @ 1:30 PM

#11

TENTATIVE RULING

Plaintiff Melvin Gilman Trust’s motion for leave to amend the Complaint is GRANTED.

Moving Party to give NOTICE.

Plaintiff Melvin Gilman Trust (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 March 14, 2023 Plaintiff filed its Complaint against Defendants Eric Soto and Sara Soto (Defendants) for unlawful detainer of a commercial property located at 12217 Philadelphia Street, Whittier, California. Plaintiff seeks to amend its complaint to include the thirty day notice to quit and the three business day notice to perform or quit as two additional bases for its claims. Plaintiff contends that allowing it to amend its complaint would serve the interests of justice because the court will be able to determine all issues between the parties. No opposition was filed in this case.

Plaintiff is granted leave to amend its Complaint to include the thirty day notice to quit and three business day notice to perform or quit because it will further the interests of justice.

Accordingly, Plaintiff Melvin Gilman Trust’s motion for motion for leave to amend the Complaint is GRANTED.