Judge: Lisa R. Jaskol, Case: 22STCV31530, Date: 2023-08-14 Tentative Ruling

Case Number: 22STCV31530    Hearing Date: August 14, 2023    Dept: 28

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

BACKGROUND 

On September 27, 2022, Plaintiffs Oliver de Gennaro (“Gennaro”) and Katherine Bonaparte (“Bonaparte”) filed this action against Defendants Montessori of Calabasas, Inc. (“Montessori”), Kailani Musche (“Kailani”) and Steven Musche (“Steven”) for premises liability, negligence, motor vehicle negligence and loss of consortium. 

On October 5, 2022, Plaintiffs filed a First Amended Complaint adding Defendant Realty Income Corporation (“Realty”). Plaintiffs later amended the complaint to include Defendants City of Calabasas (“City”) and County of Los Angeles (“County”). 

On October 19, 2022, Kailani and Steven filed an answer and a Cross-Complaint against Cross-Defendants Montessori and Realty for indemnity, apportionment of fault, comparative fault and declaratory relief. On December 29, 2022, Montessori filed an answer. 

On December 19, 2022, Realty filed an answer and a Cross-Complaint against Cross-Defendants Montessori, Kailani and Steven for equitable indemnity, negligence, contribution, apportionment of fault and declaratory relief. 

On December 22, 2022, Montessori filed an answer. 

On June 6, 2023, the Court dismissed the County without prejudice at Plaintiffs’ request. On July 19, 2023, the Court dismissed the City without prejudice at Plaintiffs’ request. 

On July 14, 2023, Plaintiffs filed a motion for leave to file a Second Amended Complaint to be heard on August 14, 2023.  No opposition has been filed. 

Trial is currently scheduled for March 26, 2024. 

PARTIES’ REQUEST 

Plaintiffs request leave to file and serve the proposed Second 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 request leave to amend the complaint to add a cause of action against the City for dangerous condition of public property.  Plaintiffs state their investigation only recently demonstrated they could assert a viable claim against the City for a dangerous condition of public property. 

The Court finds Plaintiffs’ request meets the statutory requirements and therefore grants the request. 

CONCLUSION 

The Court GRANTS the motion of Plaintiffs Oliver de Gennaro and Katherine Bonaparte for leave to file the Second Amended Complaint. Plaintiffs are ordered to file and serve the Second Amended Complaint within 10 days of the hearing on the 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.