Judge: Mark H. Epstein, Case: 20SMCV01549, Date: 2023-04-28 Tentative Ruling

Case Number: 20SMCV01549    Hearing Date: April 28, 2023    Dept: R

The ex parte application is DENIED.  First, the court sees no urgency to this.  Second, the reason for seeking to file an amendment to the FAC rather than a SAC is to keep the non-answering defendant in default.  Given that what is being amended is the prayer, that is inappropriate.

Plaintiff may file a Second Amended Complaint.  It must be served on all named defendants—even those in default.