Judge: Maurice A. Leiter, Case: 19STCV38161, Date: 2023-08-15 Tentative Ruling

Case Number: 19STCV38161    Hearing Date: August 15, 2023    Dept: 54

Hearing Date: August 15, 2023

Department 54, Judge Maurice A. Leiter

Motion for Leave to Amend

Moving Party: Plaintiffs Steven Douglas Green and Nicholas Ray Green

Responding Party: None

T/R:      PLAINTIFFS’ MOTION IS GRANTED.

PLAINTIFFS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

It is not an abuse of discretion of the court to grant the motion unless there is a “showing that actual unfairness or obvious prejudice has resulted from the allowance of such an amendment”.  (Posz v. Burchell (1962) 209 Cal.App.2d 324, 334.)  “Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading.”  (Ibid.)  Absent a showing of prejudice, delay alone is insufficient grounds for denial.  (See Higgins v. Del Faro (1981) 123 Cal. App. 3d 558, 564–65.)

Plaintiffs move for leave to file a first amended complaint to add a cause of action for violation of the Bane Act. Plaintiffs allege that security personnel at Dodger Stadium assaulted them. Plaintiffs assert that Defendants’ conduct amounts to a civil rights violation. The amendment does not add new facts. Defendants do not oppose this motion. Plaintiffs’ motion is GRANTED.