Judge: Lynne M. Hobbs, Case: 23STCV04433, Date: 2024-07-09 Tentative Ruling

Case Number: 23STCV04433    Hearing Date: July 9, 2024    Dept: 61

DARCY FRENCH vs CITY OF LOS ANGELES

TENTATIVE

Plaintiff Darcy French’s Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiff is granted leave to file the proposed second amended complaint within 20 days of this ORDER.

Plaintiff is ordered to give notice within five (5) days.

DISCUSSION

Code Civ. Proc. section 473 subd. (a)(1) states that:

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.

“The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. Mueller Co. (2006) 142 Cal.App.4th 636, 642.)

“Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [Citations], this policy should be applied only ‘[w]here no prejudice is shown to the adverse party . . .’ [Citation.] A different result is indicated ‘[w]here inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation.]” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.)

Pursuant to California Rule of Court Rule 3.1324, “[a] motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.”

Such a motion must include a supporting declaration stating, “(1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” (CRC Rule 3.1324, subd. (b).)

Plaintiff Darcy French (Plaintiff) seeks leave to file a second amended complaint (SAC) alleging the same causes of action, but including new instances of protected activity and retaliation which have occurred since the original Complaint was filed. (Motion at pp. 6–7.) Such retaliatory actions include continuing to pass Plaintiff over for promotion from April 2023 through January 2024. (Motion at p. 7.)

Plaintiff has demonstrated good cause for the amendment, as the facts to be included in the proposed SAC could not have been included in the original complaint. Defendant City of Los Angeles has filed no opposition to the present motion, and trial in this matter is not set to commence until June 3, 2025.

The motion is therefore GRANTED.