Judge: Maren Nelson, Case: 22STCV36361, Date: 2023-09-21 Tentative Ruling

Case Number: 22STCV36361    Hearing Date: September 21, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for leave to file a FAC is GRANTED.

            On 11/17/2021, Plaintiff filed suit against Defendants Bob’s Hand Car Wash, Inc., Carmen Sanchez, and Ricardo Sanchez, alleging: (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods and pay period wages; (4) failure to provide rest periods and pay rest period wages; and (5) failure to furnish accurate itemized wage statements.

            Now, Plaintiff moves for leave to amend to file a first amended complaint (FAC).

Discussion 

            Plaintiff seeks leave to amend to add: (1) a sixth cause of action for failure to pay earned wages at termination in violation of Labor Code sections 201-203 based on Defendants’ representations in discovery that Plaintiff’s employment with them ended in May 2022; and (2) a seventh cause of action for violation of Business & Professions Code section 17200 on the grounds that Plaintiff’s counsel just realized on July 18, 2023 that this cause of action was inadvertently left out of Plaintiff’s original complaint. Plaintiff argues that this cause of action extends the statute of limitations for minimum wage, overtime and meal and rest period claims from three years to four years, citing Cortez v. Purolator Air Filtration Products Do. (2000) 23 Cal.4th 163.)

            Plaintiff contends that “[b]oth proposed causes of action relate back to the original complaint because they are (1) based on the same set of facts alleged in the original complaint; (2) seek recovery against the same defendants; and (3) refer to the “same incident” of unpaid wages and unprovided meal and rest periods.” (Motion, 2: 15-16.)

“This statutory provision giving the courts the power to permit amendments in furtherance of justice has received a very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) Cal.2d 13, 19. The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice, such as the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs.  (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. 

Here, there is no evidence that Defendant will suffer meaningful prejudice in the form of “the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs.” (Atkinson, supra, 109 Cal.App.4th at p. 761.) As noted by Plaintiff, the proposed FAC is based on the same set of facts set forth in the original complaint, no depositions have taken place, and will not require a delay of trial, which is currently set for 6/17/2024.

Based on the foregoing, Plaintiff’s motion for leave to file a FAC is granted.

It is so ordered.

Dated:  September    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.