Judge: Maurice A. Leiter, Case: 22STCV21983, Date: 2023-03-16 Tentative Ruling

Case Number: 22STCV21983    Hearing Date: March 16, 2023    Dept: 54

Hearing Date: March 16, 2023

Department 54, Judge Maurice Leiter

Motion for Leave to Amend

Moving Party: Plaintiff Carolyn Parker, by and through GAL Darnley Scantlebury

Responding Party: None

T/R:    PLAINTIFF’S MOTION FOR LEAVE TO AMEND IS GRANTED.

            PLAINTIFF 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.

The Court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….”  (CCP § 473(a)(1).)  A motion to amend a pleading before trial must be accompanied by a separate declaration that specifies (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.  (CRC Rule 3.1324(b).)

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.)

Plaintiff moves for leave to file a first amended complaint to add a cause of action for wrongful death and to change Darnley Scantlebury from Parker’s GAL to Parker’s successor-in-interest. Parker passed away on January 13, 2023. Plaintiff complies with CRC Rule 3.1324(b). Defendants have not opposed this motion.

The amendment is in the interests of justice. Plaintiff’s motion is GRANTED.