Judge: Mark H. Epstein, Case: SC128233, Date: 2023-02-17 Tentative Ruling

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Case Number: SC128233    Hearing Date: February 17, 2023    Dept: R

The ex parte application to allow the filing of a third amended complaint is DENIED WITHOUT PREJUDICE.  First, the court does not appreciate this being brought in this fashion.  The court has no idea when the assignment occurred.  If it was Tuesday, then there is at least an explanation for the delay.  If it was December, then there is no excuse.  Second, and more importantly, the court needs to understand the amendment.  That is why the rules require a red-line showing the amendments.  If all that is occurring is that plaintiff’s claim has been assigned and the TAC reflects the new assignee, that would likely be permitted as it would work no change in anything.  If it is more than that, it is hard for the court to understand how such an action is not prejudicial with the final status conference papers due yesterday and the trial barely a week away.

The court notes some concern in that discovery is apparently not yet complete.  That is troubling given the trial’s proximity.  The court recognizes that the parties are (again) considering stipulating to continue the trial.  At this point,and given the fact that the case is already over 5 years old, that may be an uphill climb.