Judge: Lynne M. Hobbs, Case: 22STCV149474, Date: 2023-11-30 Tentative Ruling

Case Number: 22STCV149474    Hearing Date: November 30, 2023    Dept: 30

DANA GANT vs RICHARD J. FRANKEL, TTE OF FRANKEL FAMILY TRUST

Motion for Leave to Name Doe Defendants

TENTATIVE   

Plaintiff’s motion for leave to file an amended complaint is GRANTED. Plaintiff is ordered to file the proposed amended complaint attached as exhibits 1-2 to the motion within 10 days of this order. Moving party to give notice.

Discussion

Plaintiff seeks a court order permitting her to substitute fictious defendants with Contractor “Steve Patterson” and his company “Patterson Builders.” Plaintiff believes the discovery responses recently received from Defendant Julie Frankel, Successor Trustee of the Frankel Family Trust (“Answering Defendant”) indicate that Steve Patterson and/or his company Patterson Builders was comparatively negligent with respect to the open trenches on the Subject Property Plaintiff was renting from Answering Defendant, which Plaintiff fell into and was injured. (Goharchin Decl., ¶ 4.) Plaintiff finally received verified discovery responses from Answering Defendant on September 28, 2023 (following the filing of a discovery motion on September 5, 2023).

Plaintiff has complied with CRC Rule 3.1324 by including a copy of the proposed amended complaint and indicating what allegations are proposed to be added to the previous pleading. (Goharchin Decl., Exs. 1-2.) Plaintiff also explains that she discovered during discovery the facts that give rise to the amended pleadings. This is sufficient to explain why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why it was not made earlier.

As such, in view of the well-established liberality with which amendments are to be allowed, the motion is granted.