Judge: Melvin D. Sandvig, Case: 24CHCV00702, Date: 2025-06-09 Tentative Ruling

Case Number: 24CHCV00702    Hearing Date: June 9, 2025    Dept: F47

Dept. F47

Date: 6/9/25

Case #24CHCV00702

MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

Motion filed on 1/29/25.

MOVING PARTY: Plaintiff Lev Katsman

RESPONDING PARTY: all other parties

NOTICE: ok

RELIEF REQUESTED: An order granting Plaintiff Lev Katsman leave to file a First Amended Complaint and deeming the proposed First Amended Complaint filed. 

RULING: The motion is granted.  Plaintiff is ordered to separately file the First Amended Complaint. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of an incident that occurred on 12/9/23 at Porter Valley Country Club.  Plaintiff Lev Katsum (Plaintiff) alleges that at or around 9:40 a.m. on that date, he entered onto the designated cart path from Doral Avenue and was heading toward the tee box on hole 7 at Porter Valley Country Club.  Plaintiff alleges that as he began driving on the cart path at or near the top of the downhill grade toward the tee box on hole 7, the front right wheel of the golf cart suddenly and without any warning locked up, which then caused the rear-end of the golf cart to swerve left in a clockwise direction, which then caused Plaintiff to be ejected from the driver’s side of the golf cart. Plaintiff alleges that he then landed on the concrete cart path, and immediately thereafter the golf cart rolled over and landed on top of Plaintiff resulting in serious and permanent injuries to Plaintiff.  Plaintiff contends that at no time in the moments before the subject incident occurred did the speed/brake governor engage.

On 3/5/24, Plaintiff filed this action against Defendant Clubcorp Porter Valley Country Club, Inc. dba Porter Valley Country Club alleging one cause of action for negligence.  After conducting discovery and the filing of cross-complaints, Plaintiff became aware of additional defendants and causes of action.  Therefore, Plaintiff seeks to file a First Amended Complaint which adds Textron Specialized Vehicles, Inc. and Textron E-Z Go LLC as defendants and adds three causes of action for products liability, strict products liability and breach of express and implied warranties against the proposed new defendants.

Therefore, on 1/29/25, Plaintiff filed and served the instant motion seeking an order granting Plaintiff leave to file a First Amended Complaint and deeming the proposed First Amended Complaint filed.  The motion was originally scheduled for hearing on 6/23/25; however, on 4/10/25 the hearing was advanced and continued to 6/9/25.  (See 4/10/25 Minute Order).  No opposition or other response to the motion has been filed.    

ANALYSIS

Due to the liberal policy of allowing leave to amend and lack of prejudice to any party by allowing the requested amendment, the Court finds that it is in the interests of justice to allow Plaintiff to file the proposed First Amended Complaint.  See CCP 473(a)(1); CCP 576; Hirsa (1981) 118 CA3d 486, 488-489; Mabie (1998) 61 CA4th 581, 596.

CONCLUSION

The motion is granted.  Plaintiff is ordered to separately file the First Amended Complaint.

The Court notes that in violation of CRC 3.1110(f)(4), Plaintiff’s counsel has failed to electronically bookmark the exhibits attached to the motion.  Counsel for the parties are warned that failure to comply with this rule in the future may result in matters being continued so that papers can be resubmitted in compliance with the rule, papers not being considered and/or the imposition of sanctions.