Judge: Michael Small, Case: 20STSCV42709, Date: 2023-05-16 Tentative Ruling

Case Number: 20STSCV42709    Hearing Date: May 16, 2023    Dept: 57

The Court is granting Lloyd's motion for leave to amend its complaint against Donaldson and Callif, LLP ("D&C") to add a paragraph that specifically references the answer that D&C provided to Question 14 on its application to Lloyd's for a legal malpractice insurance policy.  The following considerations have informed the Court's ruling on Lloyd's motion.

First, the general rule is that leave to amend should be liberally granted.   There is no basis to depart from that rule here.

Second, based on the record the parties have presented in connection with the motion for leave to amend, the Court concludes that Lloyds was not dilatory in seeking leave to amend and that D&C will not be prejudiced by the proposed amendment at this stage of the proceedings.

Third, D&C's motion for summary judgment or summary adjudication, which also is being heard today, does not pose an obstacle to Lloyd's motion for leave.  That is because the Court is denying D&C's motion, and has concluded that the proposed amendment is not necessary for Lloyd's to stave off summary judgment or summary adjudication.

Fourth, there is no statute of limitations barrier to the proposed amendment,.

Lloyd's shall file and serve its amended complaint within 14 days of the hearing on the motion for leave to amend.