Judge: Melissa R. Mccormick, Case: Minto v. Kollmann, Date: 2022-07-28 Tentative Ruling

Plaintiff Noelle Minto’s Motion for Leave to File First Amended Complaint

Plaintiff Noelle Minto moves for leave to file a first amended complaint.  California Civil Procedure Code § 473(a)(1) states that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .”  The court’s discretion will usually be exercised liberally to permit amendment of the pleadings.  Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.  The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.  Id. 

No party has opposed plaintiff’s motion and no prejudice has been shown.  Plaintiff’s motion is granted.  Plaintiff Noelle Minto is ordered to file and serve by August 8, 2022 the first amended complaint attached as Exhibit A to plaintiff’s motion papers.  The court notes that the first amended complaint refers to exhibits that are not attached to the copy of the first amended complaint attached as Exhibit A to plaintiff’s motion papers.

Plaintiff to give notice.