Judge: Mel Red Recana, Case: 23STCV03431, Date: 2024-06-10 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 23STCV03431    Hearing Date: June 10, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              June 10, 2024

Moving Party:             Plaintiff Christian Magliozzi

Responding Party:      Defendant 9 Silver LLC

Motion for Leave to File a Third Amended Complaint

The court has considered the moving, opposition, and reply papers.

            The court GRANTS Plaintiff’s motion for leave to file First Amended Complaint.

Background

            On February 15, 2023, plaintiff Christian Magliozzi (“Plaintiff”) filed this action against defendants 9 Silver LLC (“Defendant”), Witty Personnel LLC, Helping Hands Rehab Linic, Inc., and Nathan Young, alleging causes of action for (1) Wrongful Discharge in Violation of Public Policy; (2) Violation of Unfair Competition Law; (3) Intentional Infliction of Emotional Distress; (4) FEHA Retaliation; and (5) Whistleblower Protection. In the complaint, Plaintiff alleges that the defendants employed Plaintiff as an addiction counselor at a clinic the defendants operated, and that the defendants wrongfully terminated Plaintiff’s employment after Plaintiff reported illegal and unethical activity at the clinic.  (Complaint,, ¶¶ 6, 14-35.)

            On February 26, 2024, Plaintiff filed this motion for leave to file a First Amended Complaint.  Defendant filed an opposition on May 28, 2024.  Plaintiff filed a reply on May 31, 2024.

Legal Standard

Under Code of Civil Procedure section 473, subdivision (a)(1), “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 ther code.”  The court has wide discretion to allow either party to amend pleadings “upon any terms as may be just.”  (See Code Civ. Proc., § 473, subd. (a)(1).)  Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is liberally granted.  (Berman vs. Bromberg (1986) 56 Cal.App.4th 936, 945.)  “[I]t is an abuse of discretion for the court to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

Under California Rules of Court, rule 3.132424, a motion to amend a pleading must include a copy of the proposed amendment and state the allegations that the moving party proposes to add or delete.  (Cal. Rules of Court, rule 3.1324, subd. (a).)  California Rules of Court, rule 3.124 also requires that the moving party advance a declaration stating the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons why the request for amendment was not made earlier.  (Cal. Rules of Court, rule 3.1324, subd. (a).)

Discussion

            Plaintiff advances the declaration of his counsel, Beatriz Alfaro (“Counsel”), in support of the motion.  Counsel states that Plaintiff learned in discovery that Defendants Marc Adler and Jose Toscano are additional owners of the addiction clinic where Plaintiff worked.  As such, Plaintiff seeks leave to add Marc Adler and Jose Toscano as additional defendants in this action, and to allege that Marc Adler and Jose Toscano are liable as alter egos of the addiction clinic where Plaintiff worked.  (Declaration of Beatrix Alfaro, ¶¶ 11-17.)  This is a proper basis for amendment.  Resolving Plaintiff’s claims against Marc Adler and Jose Toscano along with Plaintiff’s claims against the other defendants is in the interests of justice. 

In opposition, Defendant argues that Counsel’s declaration is insufficiently specific to support the motion.  The Court finds that Counsel’s declaration complies with the requirements of California Rules of Court, rule 3.1324.  Further detail is unwarranted.  While Defendant argues that Plaintiff could have learned about the relationship between Marc Adler and Jose Toscano and the addiction clinic where Plaintiff worked before conducting discovery in this matter, that is not a basis to deny leave to amend.  The court cannot deny Plaintiff’s request for leave to amend even if Plaintiff delayed in seeking leave to amend, so long as the amendment does not prejudice Defendant.  (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565.)

Defendant also argues that Plaintiff’s proposed amendment is prejudicial.  The court has discretion to deny leave to amend where “the proposed amendment opened up an entirely new field of inquiry without any satisfactory explanation as to why this major change in point of attack had not been made long before trial.”  (Estate of Murphy (1978) 82 Cal.App.3d 304, 311.)  Here, trial is set for February 10, 2025.  Given that trial date, Defendant must file any motion for summary judgment by October 28, 2024.  That gives Defendant more than four months to conduct discovery and prepare its motion for summary judgment.  While Defendant argues this is insufficient time, the Court is unconvinced that Defendant will be unable to prepare its summary judgment motion in this timeframe.  Defendant fails to show that the amendment will prejudice Defendant. 

The court therefore GRANTS Plaintiff’s motion for leave to file First Amended Complaint.  Plaintiff’s proposed First Amended Complaint is deemed filed and served this date.

            It is so ordered.

Dated: June 10, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court