Judge: Matthew C. Braner, Case: 37-2022-00040354-CU-OE-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  Other employment Motion Hearing (Civil) 37-2022-00040354-CU-OE-CTL MEADE VS KAMINSKIY DESIGN & REMODELING [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff John Meade's motion for leave to amend the complaint is GRANTED.

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 two new defendants to the case, Kaminskiy Care and Repair, Inc. and Kaminskiy Commercial Construction. Plaintiff contends that Defendant Kaminskiy created these entities (and purportedly transferred assets to them from Defendant Kaminskiy Design & Remodeling) in an effort to avoid liability for Plaintiff's claims, and they are thus alter egos or successors-in-interest of Defendant Kaminskiy Design & Remodeling.

Defendant disputes the allegations of asset diversion but does not in fact oppose Plaintiff receiving leave to amend. Defendant only disputes the propriety of Plaintiff's proposed changes to the caption. However, Defendant did not provide legal support for this argument, and the court is not aware of any statute, rule of court, or local rule that prohibits changes to the caption in connection with an amended complaint.

Accordingly, Plaintiff is granted leave to file the proposed first amended complaint, attached as exhibit A to the Declaration of Bryan Edgar, no later than March 22, 2024.

The minute order is the order of the court.

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