Judge: Marcella O. Mclaughlin, Case: 37-2022-00045227-CU-OE-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00045227-CU-OE-CTL GREEN VS UNCLE EDS VODKA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 11/27/2023

The unopposed motion for leave to file a second amended 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, although the supporting declaration Patrick DiFilippo does not address all of the requirements set forth in CRC 3.1324(b), the court exercises its discretion and grants the motion. See Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29, 32 ('Rigid rule following is not always consistent with a court's function to see that justice is done.'); see also Fountain Valley Chateau Blanc Homeowner's Assn. v. Department of Veterans Affairs (1998) 67 Cal.App.4th 743, 758 ('The law always favors substance over form[.]').

Plaintiff must file and serve the SAC by January 22, 2024.

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