Judge: Melvin D. Sandvig, Case: 23CHCV03919, Date: 2025-04-02 Tentative Ruling

Case Number: 23CHCV03919    Hearing Date: April 2, 2025    Dept: F47

Dept. F47

Date: 4/2/25

Case #23CHCV03919

MOTION FOR LEAVE TO FILE FIRST AMENDED & SUPPLEMENTAL COMPLAINT

Amended Notice & Motion filed on 2/20/25.

MOVING PARTY: Plaintiff Jude Cabanete

RESPONDING PARTY: all other parties

NOTICE: ok

RELIEF REQUESTED: An order for leave to file a First Amended and Supplemental Complaint.

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of abuse allegedly suffered by Plaintiff Jude Cabanete (Plaintiff), a severely disabled man that lives in a residential care operated by Defendant Elwyn California and that is overseen by Defendant North Los Angeles County Regional Center, Inc.

On 12/27/23, Plaintiff by and through his Guardian ad Litem, Mary Cabanete, filed this action against Elwyn California, North Los Angeles County Regional Center, Inc. and Adekunle Fabunmi for: (1) Adule Dependent Abuse (Welfare & Institutions Code 15600, et seq.), (2) Negligence, (3) Battery, (4) Assault, (5) False Imprisonment, (6) Negligent Hiring, Retention, Supervision, (7) Vicarious Liability and (8) Intentional Infliction of Emotional Distress.  The original complaint mainly addresses an incident that occurred on 8/23/23.  Defendants have each  answered the complaint.

On 2/20/25, Plaintiff filed (served on 2/19/25) the instant amended notice and motion which seeks an order granting Plaintiff leave to file a First Amended and Supplemental Complaint which addresses additional incidents that took place after the original complaint was filed.  The proposed amended/supplemental complaint also includes a new cause of action for sexual assault/battery based on previously made allegations of misconduct, with additional information regarding the nature of that misconduct.  No opposition or other response to the motion has been filed. 

ANALYSIS

Leave to amend/supplement a pleading is to be liberally granted.  Desny (1956) 46 C2d 715; Flood (1975) 45 CA3d 644, 647.  The court has discretion to allow amendment to any pleading in furtherance of justice and on such terms as may be proper.  CCP 473(a); CCP 576.

A supplemental complaint is a procedure to allege material facts occurring after the original complaint was filed.  CCP 464.  Whether the document is labeled as amended or supplemental is immaterial.  Hutnick (1988) 47 C3d 456, 464 n.6.

There is no indication that any other party would be prejudiced by allowing Plaintiff to supplement/amend his complaint.

CONCLUSION

The motion is granted.  Plaintiff is ordered to separately file the First Amended and Supplemental Complaint which is attached to the motion and Charles declaration as Exhibit A.