Judge: Matthew C. Braner, Case: 37-2022-00004061-CU-MM-CTL, Date: 2024-03-15 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - March 14, 2024
03/15/2024 09:00:00 AM C-60 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Matthew C. Braner
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Civil - Unlimited Medical Malpractice Motion Hearing (Civil) 37-2022-00004061-CU-MM-CTL ALBANO VS LIFE CARE CENTER OF VISTA [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Plaintiff Gabriel Albano's motion for leave to amend the complaint is GRANTED.
The court will hear from the parties regarding Defendant Hanger Prosthetics & Orthotics West, Inc.'s motion for summary judgment, in light of the decision to grant Plaintiff's motion for leave to amend.
The trial court has wide discretion to allow amendments to the pleadings, and such discretion should be exercised liberally in favor of amendments. (Edwards v. Superior Court (2001) 93 Cal.App.4th 172, 178; see also Kittredge v. Superior Court (213 Cal.App.3d 1045, 1047.) Leave to amend should generally be granted when the amendment is necessary for the pleader to fully present his or her case and the amendment does not unfairly prejudice the defendant by raising new issues the defendant had no opportunity to defend. (See Bd. Of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154; see also Trafton v. Youngblood (1968) 69 Cal.2d 17, 31.) Here, Plaintiff seeks to add a new cause of action for general negligence against Defendant Hanger, and to withdraw his claims for professional negligence and elder abuse as against Defendant Hanger.
Plaintiff's counsel explains that when the original complaint was filed, he believed Defendant Hanger was a medical provider because its orthotists conduct comprehensive clinical assessments of its clients and incorporate medical diagnoses in connection with the fitting and design of its orthotics. (ROA #177, Chivinski Dec., ΒΆ 4.) However, he has since learned that Defendant Hanger is not a medical provider nor a professional health care facility; instead, it fabricates orthotics based on prescriptions from physicians.
(Id.) Thus, in order for Plaintiff to maintain a claim against Defendant Hanger, adding a cause of action for general negligence is necessary.
The court agrees the proposed claim arises from the same nexus of facts from which Plaintiff's original complaint arose, and that the amendment is necessary for Plaintiff to fully present his case. As to prejudice, given the recent trial continuance to October 2024, Defendant has sufficient time to both prepare for trial and move for a new or revised motion for summary judgment directed at the amended pleading. Plaintiff also did not overly delay in seeking to amend his complaint. It is reasonable to infer that Defendant's second motion for summary judgment (which cured the issues identified by the court when it denied Defendant's first motion without prejudice) confirmed that Plaintiff's causes of action for professional negligence and elder abuse against Defendant Hanger lack support, and Plaintiff moved (ex parte) within days of Defendant's filing for leave to amend.
Accordingly, Plaintiff is granted leave to file the proposed first amended complaint (ROA #178), no later than March 22, 2024.
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3064210 7 CASE NUMBER: CASE TITLE: ALBANO VS LIFE CARE CENTER OF VISTA [IMAGED] 37-2022-00004061-CU-MM-CTL The minute order is the order of the court.
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3064210 7