Judge: Lisa R. Jaskol, Case: 19STCV36578, Date: 2023-08-03 Tentative Ruling

Case Number: 19STCV36578    Hearing Date: August 3, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On October 11, 2019, Plaintiffs Pedro Velasquez and Juliana Ajpacaja Baquiax filed this action against Defendants Rosalyn Lynn Harris, Harmony Place, Shultz 2004 Family Trust, Jeffrey Schwartz, and Does 1-20 for general negligence and premises liability. On September 2, 2021, Plaintiffs amended the complaint to include Defendant Tudor, LLC (Doe 1). 

On August 13, 2021, the Court sustained Jeffrey Schwartz’s demurrer with 20 days leave to amend.  On January 11, 2022, the Court dismissed Jeffrey Schwartz with prejudice from the complaint. 

On September 22, 2021, the Court sustained Shultz 2004 Family Trust’s demurrer without leave to amend.  On November 16, 2022, the Court dismissed Shultz 2004 Family Trust without prejudice at Plaintiffs’ request. 

On May 17, 2022, Rosalyn Lynn Harris filed an answer. 

On November 16, 2022, the Court granted Arch Insurance Company’s motion for leave to intervene. 

On November 17, 2022, Arch Insurance Company (“Intervenor”) filed an answer-in-intervention on behalf of itself and Harmony Place, Inc. (erroneously sued and served as Harmony Place). On January 17, 2023, Intervenor filed an answer-in-intervention on behalf of itself and Tudor, LLC. 

On July 10, 2023, Plaintiffs filed a motion for leave to file a First Amended Complaint to be heard on August 3, 2023.  No opposition has been filed. 

Trial is currently scheduled for October 26, 2023. 

PARTIES’ REQUEST 

Plaintiffs request leave to file and serve the proposed First Amended Complaint. 

LEGAL STANDARD 

          "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, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code."  (Code Civ. Proc., § 473, subd. (a)(1).)  

"Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order."  (Code Civ. Proc., § 576.) 

DISCUSSION 

          Plaintiffs’ proposed first amended complaint includes new claims for (1) Survival (against all Defendants and Does 3-20), (2) Uninsured Employer & Employer Negligence Pursuant To California Labor Code section 3706 et al. (against all Defendants and Does 3-20), and (3) Negligence Per se (defendants are not specified).  It does not add any new parties. 

          The Court grants Plaintiffs’ unopposed motion for leave to file the First Amended Complaint. 

CONCLUSION         

The Court GRANTS the motion of Plaintiffs Pedro Velasquez and Juliana Ajpacaja Baquiax for leave to file a first amended complaint.  Plaintiffs are ordered to file and serve the first amended complaint within 10 days of the hearing on this motion. 

Moving parties are ordered to give notice of this ruling.

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.