Judge: Lynne M. Hobbs, Case: 19STCV41785, Date: 2023-09-26 Tentative Ruling

Case Number: 19STCV41785    Hearing Date: September 26, 2023    Dept: 30

HAE HYUN PARK, et al. vs CHEONG SOO HAN, LAC, et al.

Motion for Leave to File First Amended Complaint

Ruling:  Plaintiff's Motion for Leave to File a First Amended Summons and First Amended Complaint is granted. Plaintiff's proposed First Amended Complaint and Summons are deemed filed forthwith. Plaintiffs are to file and serve the First Amended Summons and Complaint forthwith on all Defendants. Moving party to give notice.

Discussion:  

Plaintiffs meet the requirements under California Rule of Court, rule 3.1324. Plaintiffs include a declaration, the declaration provides the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amendment were discovered, and why the request for amendment was not made earlier.

The effect of the amendment is to correct a misspelling in the middle name of Plaintiff Park. (Wecker Decl., ¶ 4.) The middle appeared differently on the summons and complaint. (Id.) Counsel provides that the original summons and complaint were prepared by another law office. (Id. ¶ 3.) Plaintiffs offer the reason for the amendment as the clerk of the Court would not allow entry of Default due to the misspelling of the middle name. (Id., ¶¶ 11, 12.)

The Court uses its discretion to grant Plaintiffs’ amended summons and complaint.