Judge: Melvin D. Sandvig, Case: 24CHCV01122, Date: 2025-04-16 Tentative Ruling

Case Number: 24CHCV01122    Hearing Date: April 16, 2025    Dept: F47

Dept. F47

Date: 4/16/25                                                    TRIAL DATE: 6/15/26

Case #24CHCV01122

MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER

Motion filed on 11/1/24.

MOVING PARTY: Defendant/Cross-Complainant Marisela Andrade

RESPONDING PARTY: all other parties

NOTICE: ok

RELIEF REQUESTED: An order granting Defendant/Cross-Complainant Marisela Andrade leave to file a Second Amended Answer to Plaintiffs Elizabeth Villegas, Jaime Salinas and Ricardo Salinas’ Complaint.

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a motor vehicle accident wherein Plaintiffs Elizabeth Villegas, Jaime Salinas and Ricardo Salinas (Plaintiffs) seek to recover against Defendant Marisela Andrade (Andrade) for the wrongful death of their decedent. 

Andrade contends that on 1/2/24, Plaintiffs’ counsel served a policy limit demand on Andrade’s insurance carrier which requested Defendant’s signed declaration of insurance and employment; a copy of Andrade’s complete insurance policy, including policy declarations; and notification in writing of acceptance by 2/8/24.  (Villareal Decl. ¶4, Ex.B). 

On 2/1/24, Andrade’s insurance carrier emailed Plaintiffs’ counsel Defendant’s signed declaration of insurance and employment; a copy of Defendant’s complete insurance policy, including policy declarations; and notification in writing of acceptance of the demand. Defendant’s insurance carrier also sent a proposed release and requested a declaration of heirs. (Villarreal Decl. ¶5, Ex.C).  Plaintiffs did not return a signed release and declaration of heirs.  (Villareal Decl. ¶6).

On 3/29/24, Plaintiffs filed this action against Andrade and others.  On 8/28/24, Andrade filed her initial answer to Plaintiffs’ complaint and on 8/29/24, Plaintiffs filed a First Amended Answer which added an affirmative defense that Plaintiffs’ decedent was under the influence of drugs or alcohol.  (Villareal Decl. ¶7).

On 9/6/24, Andrade’s counsel reviewed the file sent from Andrade’s insurance carrier and discovered that the policy limit demand had been accepted, but Plaintiffs had not provided a signed release.  (Villareal Decl. ¶8).  Despite meet and confer efforts, Plaintiffs have still not provided a signed release.  (Villareal Decl. ¶9).

Therefore, on 11/1/24, Andrade filed and served the instant motion seeking an order granting her leave to file a Second Amended Answer which adds affirmative defenses based on the settlement.  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 the other parties, the Court finds that it is in the interests of justice to allow Andrade to further amend her answer to include affirmative defenses based on the claimed settlement.  See CCP 473(a); CCP 576; Yan (2016) 4 CA5th 1, 11; Morgan (1959) 172 CA2d 527, 530; CSAA Insurance Exchange (2021) 72 CA5th 272, 267-268.

CONCLUSION

The motion is granted.  Andrade is ordered to separately file her Second Amended Answer to Plaintiffs’ Complaint.