Judge: Mark E. Windham, Case: 23STLC06575, Date: 2024-05-14 Tentative Ruling

Case Number: 23STLC06575    Hearing Date: May 14, 2024    Dept: 26

Dobson v. Sunnyside Up Adventures, et al.

LEAVE TO AMEND PLEADING

(CCP §§ 473(a), 576; CRC Rule 3.1324)

TENTATIVE RULING:

Plaintiff Michele A. Dobson’s Motion for Leave to File a First Amended Complaint is PLACED OFF CALENDAR AS MOOT.

ANALYSIS:

Plaintiff Michele A. Dobson (“Plaintiff”) filed the instant action for breach of contract against Defendants Sunnyside Up Adventures, Bianka Brunson, Sabreen Wilkes, and Farmers Insurance Exchange (“Defendants”) on October 13, 2023. On December 27, 2023, Plaintiff filed a Notice of Settlement indicating that the action had settled conditionally.

Plaintiff filed the instant Motion for Leave to File a First Amended Complaint on March 7, 2024. No opposition has been filed to date.

Discussion

The Complaint alleges a single cause of action for breach of contract based on Defendants’ failure to pay for legal services provided by Plaintiff. (Compl., ¶¶15-19.)  Plaintiff now moves for leave to file a First Amended Complaint on the grounds that Defendants have breached the settlement agreement by depositing a check that was not endorsed by her. The Motion is brought under Code of Civil Procedure section 473, subdivision (a) and section 576. However, it also points out that under Code of Civil Procedure section 472, “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed . . . .” Here, no responsive pleadings have been filed such that leave of court is not required before Plaintiff files a First Amended Complaint.

Conclusion

Therefore, Plaintiff Michele A. Dobson’s Motion for Leave to File a First Amended Complaint is PLACED OFF CALENDAR AS MOOT.

Court clerk to give notice.