Judge: Michael Small, Case: 20STCV28039, Date: 2024-06-21 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 20STCV28039    Hearing Date: June 21, 2024    Dept: 57

The Court is granting the motion of Michael Paul Ramsey ("Paul") for leave to amend his complaint against Patrick Allen Ramsey ("Patrick") to add allegations that Santuari LLC is Patrick's alter ego and to add Santurai as a Defendant in the action in place of a "Doe" defendant that was named in Paul's original complaint.  

Leave to amend a complaint to add an identified party by name in place of a "Doe" defendant in a prior complaint should be liberally granted.  Such an amendment relates to back to the filing of the original complaint, and hence is not barred by the applicable statute of limitations, if the identity of the Doe defendant was unknown to the party seeking leave to amend its complaint. Here, Santurai was known to Paul.  Paul contends, however, that Patrick's control over Santurai, such that Sanutrai is Patricks alter ego was, unknown to Paul until evidence supporting Paul's alter ego allegations came to light through Patrick's recent deposition.  Paul's contention on the recent discovery of the basis for his alter ego allegations is supported by the record he submitted in support of his motion for leave to amend.  

Patrick's argument that he will be prejudiced if Paul is granted leave to amend is overheated.  Given the procedural posture of the case, with the trial date still several months away (a date that may be continued anyway), and the related case brought by Santurai and Toluca Plaza Partners against Paul and his daughter Camille Ramsey still at a nascent pleading stage,  the Court discerns no real prejudice to Paul.

Patrick is directed to file and serve its proposed amended complaint, which was attached to his motion, by July 1, 2024.