Judge: Matthew C. Braner, Case: 37-2022-00049397-CU-BT-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2022-00049397-CU-BT-CTL INNOVATIVE EXPO INC VS COLBY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Innovative Expo, Inc. and Bruce Meyer's motion for leave to file a second amended complaint is GRANTED.

As of October 19, 2023, Defendant Larry Colby has 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.) Here, Plaintiff seeks to amend its complaint to address the concerns raised by Defendant during a good faith meet and confer process. The proposed amendment will add a new defendant, Vista Convention Services, and four new causes of action arising from the transaction involving Vista. Even so, Plaintiff's amendment arises from the same operative set of facts upon which it alleged its initial and first amended claims. Moreover, Defendant will not be unfairly prejudiced by the amendment; the case is still in its early stages, and no trial date has yet been set.

Accordingly, Plaintiff is granted leave to file the proposed second amended complaint attached as Exhibit B to the declaration of Leon Alexander. The court denies the request to deem the amended pleading as filed as of the date of granting Plaintiff's motion.

Plaintiff has until November 3, 2023, to file and serve the amended complaint.

The minute order is the order of the court.

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