Judge: Melvin D. Sandvig, Case: 22CHCV00358, Date: 2025-04-15 Tentative Ruling

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Case Number: 22CHCV00358    Hearing Date: April 15, 2025    Dept: F47

Dept. F47

Date: 4/15/25

Case #22CHCV00358

MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

Motion filed on 11/7/24.

MOVING PARTY: Plaintiff Grigor Atoian, Trustee for the Atoian Family 1993 Family Trust

RESPONDING PARTY: Defendant Liliana Ramirez

NOTICE: ok

RELIEF REQUESTED: An order granting Plaintiff leave to amend the First Amended Complaint/file a Second Amended Complaint.

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Defendant Liliana Ramirez’s (Defendant) alleged failure to pay rent to Plaintiff Grigor Atoian, Trustee for the Atoian Family 1993 Family Trust (Plaintiff) pursuant to a commercial lease agreement.  Plaintiff’s operative First Amended Complaint alleges causes of action for breach of contract and common counts.

On 11/7/24, Plaintiff filed and served the instant motion seeking an order granting Plaintiff leave to amend the First Amended Complaint/file a Second Amended Complaint because the First Amended Complaint mistakenly fails to state the amount of damages demanded.  Defendant has not opposed or otherwise responded to the motion. 

ANALYSIS

If a plaintiff seeks to recover monetary damages, the plaintiff must state the amount demanded in the complaint.  See CCP 425.10(a)(2). 

In furtherance of justice and upon such terms as may be proper, the court may allow a party leave to amend a pleading.  See CCP 473(a)(1); CCP 576.

Since Plaintiff failed to include the amount of damages sought to be recovered in the operative complaint, the Court finds that it is in the interests of justice to grant Plaintiff leave to file the proposed Second Amended Complaint which includes the amount of monetary damages demanded.

CONCLUSION

The motion is granted.  Plaintiff is ordered to separately file the Second Amended Complaint, a copy of which is attached to the motion.