Judge: Malcolm Mackey, Case: 19STCV40188, Date: 2022-08-08 Tentative Ruling

Case Number: 19STCV40188    Hearing Date: August 8, 2022    Dept: 55

PALACIOS v. 667 S. CARONDELET ST., LLC                                      19STCV40188

Hearing Date:  8/8/22,  Dept. 55

#1:   MOTION FOR LEAVE TO AMEND COMPLAINT AND FILE A FIRST AMENDED COMPLAINT.

Notice:  Okay

Opposition

MP:  Plaintiffs.

RP:  Defendants/Cross-Complainants, 667 S. CARONDELET ST., LLC and STATEWIDE ENTERPRISES, INC.

Summary

On 11/7/19, plaintiffs filed a Complaint alleging that damages arose out of vermin infestations, including bedbugs and rodents, during their tenancies at the subject property.

The causes of action are:

1. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY

2. NEGLIGENCE

3. BREACH OF QUIET ENJOYMENT.

On 7/5/22, plaintiffs filed a motion for leave to file a First Amended Complaint, to add a subsequently born plaintiff.

On 5/20/20, Defendants/Cross-Complainants 667 S. CARONDELET ST., LLC and STATEWIDE ENTERPRISES, INC.,  filed a Cross-Complaint against Cross-Defendant 667 SOUTH CARONDELET STREET, LLC, for:

1. EQUITABLE INDEMNITY

2. EQUITABLE CONTRIBUTION

3. APPORTIONMENT OF FAULT

4. DECLARATORY RELIEF.

MP Positions

Moving parties request leave to file a First Amended Complaint, on bases including the following:

·         Plaintiffs seek to add a new party plaintiff-- a minor born after the underlying complaint was filed.

·         No prejudice would be caused.  Plaintiffs do not object to continuing trial and related dates for discovery.

RP Positions

Opposing party advocates continuing trial from 10/17/22 to at least 180 days out,  for reasons including the following:

·         Defendants would be severely prejudiced unless they have an opportunity to conduct written discovery, and depositions, and to retain experts to evaluate the additional plaintiff’s condition, injuries and damages, as they relate to the circumstances.

Tentative Ruling

The motion is granted, with a condition of continuing trial.

Trial set for 10/17/22 is advanced to this date and continued to June 26, 2023 at 9:00 a.m.

Final Status Conference is continued to June 16, 2023 at 8:30 a.m.

Discovery time limits shall be based upon that continued date.

According to moving parties, a proposed plaintiff’s birth occurred after the filing of the Complaint.

“It is the general policy that courts should exercise liberality in permitting the filing of supplemental pleadings when the alleged ‘occurring-after’ facts are pertinent to the case…. Nonetheless, the motion to file a supplemental pleading is addressed to the sound legal discretion of the court, and its ruling will not be disturbed on appeal in the absence of a showing of a manifest abuse of that discretion.”  Flood v. Simpson (1975) 45 Cal.App.3d 644, 647.

“A new party may not be added to an action by an amended complaint without permission of the court.”  Phoenix of Hartford Ins. Companies v. Colony Kitchens (1976) 57 Cal.App.3d 140, 147.

"[I]f an amendment is appropriate the trial Court should continue the trial if necessary, even if the matter is on fast track."    Honig v. Financial Corp. of America (1992) 6 Cal. App. 4th 960, 967.