Judge: Melvin D. Sandvig, Case: 22CHCV00038, Date: 2022-10-21 Tentative Ruling

Case Number: 22CHCV00038    Hearing Date: October 21, 2022    Dept: F47

Dept. F47

Date: 10/21/22

Case #22CHCV00038

MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Motion filed on 6/23/22.

MOVING PARTY: Plaintiffs Abraham Poladian and Soghomon Poladian

RESPONDING PARTY: Defendants Del Mar Holdings, Inc. and Max Beno

NOTICE: ok

RELIEF REQUESTED: An order granting Plaintiffs Abraham Poladian and Soghomon Poladian leave to file a First Amended Complaint.

RULING: The motion is granted. 

On 1/13/22, Plaintiffs Abraham Poladian and Soghomon Poladian (Plaintiffs) filed this action for breach of a commercial lease, breach of a business purchase agreement and common counts against Del Mar Holdings, Inc., Max Beno and Does 1-20.  On 3/29/22, Max Beno filed a General Denial and Cross-Complaint against Plaintiffs for breach of contract.

Upon substituting in new counsel in May of 2022, Plaintiff realized the need to amend their complaint to withdraw their demand for breach of lease damages in the 1^st cause of action  and to modify their prayer for relief.  The amendment is necessary because Plaintiff’s intend to serve Max Beno with a notice to pay rent or quit that will seek rental arrears starting 2/1/22 through the date that Plaintiffs are able to gain possession of the premises.  (See Frish Decl. ¶¶7-9).  Mr. Beno did not respond to Plaintiffs’ request for a stipulation to allow the amendment.  (Frish Decl. ¶6, Ex.4).  Therefore, on 6/23/22, Plaintiffs filed and served the instant motion seeking an order granting Plaintiffs leave to file a First Amended Complaint.  No opposition/response to the motion has been filed.

Due to the liberal policy of allowing leave to amend and lack of prejudice to other parties, the motion is granted.  See CCP 473(a)(1); CCP 576.

Plaintiffs are ordered to separately file their First Amended Complaint which is attached as an exhibit to the motion.