Judge: Mark H. Epstein, Case: 22SMCV00916, Date: 2024-10-08 Tentative Ruling

Case Number: 22SMCV00916    Hearing Date: October 8, 2024    Dept: I

The unopposed motion to amend is GRANTED, probably.  Plaintiff filed an action for fraud and now seeks to file a First Amended Complaint.  Leave to amend is liberally granted absent a showing of prejudice or, in some cases, undue delay.  (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739.)  The amended complaint adds and deletes certain facts, and adds and removes a cause of action.  The court is generally concerned that the trial date is approaching very quickly, and had defendant opposed the motion by demonstrating that there was additional discovery that needed to be done or that the amendment would or could jeopardize the trial date, the court might well have denied the motion.  The court also notes that there is no excuse for the delay other than a recent discovery concerning the nature of the Forrest Road film sale.  The court will inquire of the parties concerning this issue, and if there is no threat to the trial date, then the motion will be granted.  The court may see things differently if such is not the case.