Judge: Matthew C. Braner, Case: 37-2022-00049432-CU-CR-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Civil Rights Motion Hearing (Civil) 37-2022-00049432-CU-CR-CTL DOLLAR VS RYVYL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jacqueline Dollar's motion for leave to amend the complaint is GRANTED.

As of January 18, 2024, Defendants Ryvyl, Inc. and Fredi Nisan have not filed an opposition to Plaintiff's motion. Pursuant to this court's local rules, the court will regard this failure to respond 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 add three new causes of action arising from facts she learned (related to purported alteration of evidence) after filing her first amended complaint. The claims arise from the same nexus of facts from which her original and first amended complaints arose. Moreover, Defendants will not be prejudiced by the amendment; trial has not yet been set and discovery has not commenced.

Accordingly, Plaintiff is granted leave to file the proposed second amended complaint attached as Exhibit A to the declaration of Marcus Jackson. February 2, 2024, to file and serve the second amended complaint.

The minute order is the order of the court.

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