Judge: Matthew C. Braner, Case: 37-2022-00047392-CL-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00047392-CL-BC-CTL BLAIS VS KORBOL [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Brenda Blais's motion for leave to file a first amended complaint is GRANTED.

As of October 26, 2023, Defendants Trevor Korbol and Lesli Rydlek have not filed an opposition to Plaintiff's motion. Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Plaintiff's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd.

(B).) 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.) This case was originally filed an unlawful detainer seeking possession of property. Now that possession is no longer at issue, Plaintiff seeks to amend her complaint pursuant to Civil Code section 1952.3, subdivision (a), in order to seek damages that were not recoverable in the unlawful detainer proceeding, but which can now be sought in this converted limited civil action.

Plaintiff has timely sought leave to amend her complaint, and permitting the amendment will not prejudice Defendants, who in any case declined to oppose Plaintiff's motion. Accordingly, Plaintiff is granted leave to file the proposed first amended complaint.

Plaintiff has until November 10, 2023, to file and serve the amended complaint.

The minute order is the order of the court.

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