Judge: Maurice A. Leiter, Case: 21STCV15487, Date: 2022-12-06 Tentative Ruling

Case Number: 21STCV15487    Hearing Date: December 6, 2022    Dept: 54

Hearing Date: December 6, 2022

Department 54, Judge Maurice Leiter

Motion For Leave to File First Amended Complaint

Moving Party: Plaintiffs, Michael Kind and Desert Construction Services LLC

Responding Party: None.

T/R:     PLAINTIFFS MICHAEL KING AND DESERT CONSTRUCTION SERVICES LLC’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT IS GRANTED. 

PLAINTIFFS SHALL FILE THE PROPOSED FIRST AMENDED COMPLAINT, WITHIN FIVE DAYS.

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 8:30 am on the day of the hearing. 

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

BACKGROUND

Plaintiffs Michael King and Desert Construction Services, LLC allege breach of an oral agreement with Defendants Paul King and Cannafornia Holdings, Inc. Plaintiff Michael King and Defendant Paul King are brothers. 

On November 1, 2022, the Court denid Plaintiffs’ Motion for Summary Judgment, noting that the Complaint contains a factual discrepancy with respect to the date of formation of the underlying Agreement. Plaintiffs now seek leave to file a First Amended Complaint to address the discrepancy.

ANALYSIS

            Code of Civil Procedure section 473, subdivision (a) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ (Code Civ. Proc., § 473, subd. (a)(1); see Code Civ. Proc., § 576.) 

            As discussed, Plaintiffs seek to file a First Amended Complaint to correct a factual error in the Complaint. Plaintiffs have satisfied the procedural requirements of California Rules of Court, Rule 3.1324.  The motion is timely, and there is no prejudice to any other party. Defendants do not oppose. 

            Plaintiffs’ Motion For Leave to File First Amended Complaint is GRANTED.