Judge: Michael D. Washington, Case: 37-2023-00051306-CU-BC-NC, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - June 06, 2024

06/07/2024  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00051306-CU-BC-NC LBOW, LLC VS. CPR CLASSIC SALES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 05/15/2024

The Motion for Leave to File Second Amended Complaint brought by plaintiff LBow LLC (Plaintiff) is GRANTED.

The Court notes that the moving papers have been personally served on defendant Andrea Doherty (dba CPR Classic Sales, dba CPR Classic Restoration, and dba California Porsche Restoration Internet Sales) (hereinafter, Ms. Doherty). (ROA 49.) The Court also notes that Plaintiff has not yet made a first appearance in this case and thus is not necessarily entitled to notice of any motions being filed – though the Court commends Plaintiff for the abundance of caution in giving notice to Ms. Doherty. Ultimately, the motion is unopposed. Failure to oppose constitutes a waiver and/or admission that a motion is meritorious.

For administrative purposes, Plaintiff will need to separately serve and e-file a fresh, clean copy of the proposed 'Second Amended Complaint.' The Court sets the deadline for completing the e-filing as Friday, June 21, 2024. Failure to e-file said copy within that time frame may result in rejection of, or summary striking of, the late-filed 'Second Amended Complaint.' As to service of the 'Second Amended Complaint' after filing, the Court notes that because Ms. Doherty has not appeared in this action, the formal amended pleading will need to be served on her in the manner appropriate for serving an initial summons and complaint.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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