Judge: Mark E. Windham, Case: 22STLC07638, Date: 2023-05-03 Tentative Ruling
Case Number: 22STLC07638 Hearing Date: May 3, 2023 Dept: 26
Karla Ramirez v. William Reyes, et al.,
MOTION FOR LEAVE TO AMEND SUMMONS
(CCP § 473)
TENTATIVE RULING:
Plaintiff Karla Ramirez’s Motion for Leave to Amend Summons is GRANTED
ANALYSIS:
I.
Background
On Novmember 10, 2022 Plaintiff
Karla Ramirez (“Plaintiff”) filed a Complaint for rejected creditor’s claim
against Defendant William Reyes, personal representative of Esperanza Flores,
deceased (“Defendant”).
Plaintiff now moves to amend the
Summons on the grounds that there was a mistake with Defendant’s name in the
Summons. The Motion also seeks to amend
the Summons to update the name and address of the Court at the Spring Street
Courthouse.
II.
Legal Standard
Code of Civil Procedure section 473(a)
provides: “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 . . .”
The court has broad discretion to
permit amendments to pleadings, and “the court’s discretion will usually be
exercised liberally to permit amendment of the pleadings.” (Howard v.
County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “The policy
favoring amendment is so strong that it is a rare case in which denial of leave
to amend can be justified.” (Ibid.) “If the motion to amend
is timely made and the granting of the motion will not prejudice the opposing
party, it is error to refuse permission to amend . . . .” (Morgan v.
Superior Court (1959) 172 Cal.App.2d 527, 530.) Prejudice includes
“delay in trial, loss of critical evidence, or added costs of
preparation.” (Solit v. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.)
A motion to amend a pleading
before trial must include a copy of the proposed amendment or amended
pleading. (Cal. Rules of Court, Rule 3.1324(a)(1).) A motion to
amend a pleading must also be supported by a declaration which specifies the following:
(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. (Cal.
Rules of Court, Rule 3.1324(b).)
III.
Discussion
Plaintiff moves to amend the
Summons on the grounds that there was a mistake with Defendant’s name in the
Summons. The Motion also seeks to amend
the Summons to update the name and address of the Court.
Plaintiff represents that the
Summons contains an error with Defendant’s name because it states only “William
Reyes” and does not state “William Reyes, personal representative of Esperanza
Flores, deceased” as it does in the Complaint.
(O’Hara Decl., ¶ 3.) In addition,
Plaintiff represents that the mistake was inadverdent, and was discovered when
Plaintiff sought to enter default against Defendant, and it was brought to
Plaintiff’s attention by the Court’s clerk.
(Id. at ¶ 4.) Furthermore, Plainitff also represents that
the amendment is necessary so that Defendant may be properly notified of the
instant action, and Plaintiff cannot proceed with this action unless the
amendment is allowed. (Id. ¶¶
5-6.) Moreover, Plaintiff
represents that there will be no prejudice to Defendant because the Complaint
was recently filed, Defendant has not answered the Complaint, and there has
been no discovery. Plainitff also attached
as Exhibit B the proposed Summons, which reflects Defendant’s name as it
appears in the Complaint, and the Court’s correct address. (Id.,
Exh. B.)
Based on the foregoing, the Court
exercises its discretion and permits Plaintiff to amend the Summons.
Thus, Plaintiff’s Motion to Amend
the Summons is GRANTED.
IV.
Conclusion & Order
Plaintiff Karla Ramirez’s Motion
for Leave to Amend Summons is GRANTED.
Moving party is
ordered to give notice.