Judge: Lindsey E. Martinez, Case: 2022-01251120, Date: 2022-08-01 Tentative Ruling



Plaintiff Guy Victor Sumrall moves for leave to file a Second Amended Complaint (“SAC”). For the following reasons, Plaintiff’s unopposed motion is GRANTED.


Code of Civil Procedure section 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .”  The court’s discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. (Id.)


Defendants did not file an opposition or otherwise identify any prejudice from the filing of Plaintiff’s Second Amended Cross-Complaint. Plaintiff is ordered to serve and file the Second Amended Complaint attached as Exhibit A to the Motion for Leave to File a Second Amended Complaint by August 12, 2022.


Plaintiff to give notice.