Judge: Michael T. Smyth, Case: 37-2022-00015264-CU-PO-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00015264-CU-PO-CTL DAVIS VS CORONA VIEWPOINT LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 12/20/2023

Defendants Corona Viewpoint LLC dba Casa Grande Apartments and Viewpoint Equities Inc.'s Motion for Leave to File an Amended Answer is GRANTED.

The court 'may, in the furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading[.]' (Code of Civil Proc § 473(a)(1).) Such discretion is liberally exercised. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) In fact, where there is no prejudice to the opposing party, and where refusal to allow the amendment would deprive the moving party of a meritorious cause of action or claim, the court would abuse its discretion by denying a timely motion to amend. (Morgan v. Superior Court (1950) 172 Cal.App.2d 527, 530.) Even if there has been delay, denial is inappropriate unless the delay has prejudiced the opposing party. (Hirsa v. Super. Ct. (1981) 118 Cal.App.3d 486, 490.) A party claiming to be prejudiced has the burden of demonstrating that prejudice. (See Rickley v. Goodfriend (2013) 212 Cal.App.4th 1136, 1159.) Ordinarily, courts do not consider the validity of proposed amendments in determining whether to grant leave to amend. (Kittredge Sports Co. v. Super.

Ct. (1989) 213 Cal.App.3d 1045, 1048.) The court finds that delay of less than a year between Defendants' answer and the motion for leave to amend is insubstantial even assuming Defendants had prior constructive knowledge of Plaintiff's lack of insurance. Moreover, Plaintiff has failed to meet his burden of demonstrating how he would be prejudiced or why substantial additional discovery would be necessary if the answer were amended.

The motion is granted. Defendant is to file their amended answer within five days.

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