Judge Mark E. Windham, Case Number: 23STLC07345, Date: 2024-10-31 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

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Berkley Ins. Co. v. Real Estate Related Services West, et al.

LEAVE TO AMEND PLEADING

Plaintiff Berkley Insurance Company’s Motion to Amend the Name of the Plaintiff is CONTINUED TO JANUARY 30, 2025 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JANUARY 2, 2025, PLAINTIFF IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Plaintiff Berkeley Insurance Company (“Plaintiff”) filed the instant action against Defendant Real Estate Related Services West (“Defendant”) on November 16, 2023. On August 30, 2024, Plaintiff filed the instant Motion for Leave to Amend the Name of the Plaintiff. No opposition has been filed to date.

Plaintiff moves for leave to file a First Amended Complaint under Code of Civil Procedure section 473, subdivision (a), which 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; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

A motion for leave to amend a pleading must also comply with the procedural requirements of California Rules of Court, Rule 3.1324, which requires a supporting declaration to set forth explicitly what allegations are to be added and where, and explicitly stating what new evidence was discovered warranting the amendment and why the amendment was not made earlier. The motion must also include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines of the allegations that would be deleted and added, and (3) a declaration specifying the effect, necessity and propriety of the amendments, date of discovery and reasons for delay. (Cal. Rules of Court, Rule 3.1324, subds. (a), (b).)

The Motion is supported by a declaration that vaguely states Plaintiff had a structural, organizational change and is now known as Great Divide Insurance Company. (Motion, Chow Decl., ¶3.) The declaration, however, does not expressly state what new evidence was discovered warranting the amendment and why the amendment was not made earlier. Nor does the Motion include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines of the allegations that would be deleted and added, and (3) a declaration specifying the effect, necessity and propriety of the amendments, date of discovery, and reasons for delay. Therefore, the requirements for leave to amend the Complaint are not yet satisfied.