Judge: Marcella O. Mclaughlin, Case: 37-2022-00030760-CU-BC-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - February 15, 2024

02/16/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00030760-CU-BC-CTL PINON VS SURE GUARD CONSTRUCTION IN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/31/2023

Cross-Complainant Joanna Peterson's unopposed motion for leave to file a first amended cross-complaint is GRANTED.

The court deems the lack of opposition to the motion to be a concession as to the merits of the motion.

SDSC Local Rule 2.1.19(B). Moreover, by failing to oppose the motion, cross-defendants Sure Guard Construction and Nicholas Rossi have not established that they will be prejudiced by the amendment.

'[A]bsent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail.' Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163.

Peterson must file and serve the first amended cross-complaint by February 26, 2024.

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