Judge: Michelle C. Kim, Case: 20STCV05262, Date: 2023-03-22 Tentative Ruling

Case Number: 20STCV05262    Hearing Date: March 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Severiano Castro and Carmen Arellano Leon (collectively, “Plaintiffs”) filed this action against Defendants Natalie Uyeno Firestone (“Firestone”), Tommy Eugene Sandoval (“Sandoval”), and Tooba Discount Auto Center, Inc. (“Tooba”) for damages arising out of a motor vehicle accident.  Sandoval has filed a cross-complaint for indemnity, declaratory relief, and apportionment of fault against Firestone and Tooba. 

As relevant to this proceeding, on July 22, 2021, Firestone filed an answer to Plaintiffs’ complaint and an answer to Sandoval’s cross-complaint.  At this time, Firestone moves for leave to file a First Amended Answer (“FAA”) to the complaint and cross-complaint.  No opposition has been filed. 

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.  CCP §§473 and 576.  Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted.  The application for leave to amend should be made as soon as the need to amend is discovered.  The closer the trial date, the stronger the showing required for leave to amend.  If the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the Court has the discretion to deny leave to amend.  (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) 

Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, or added costs of preparation such as an increased burden of discovery.  (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488.)

Here, Firestone moves for leave to file a FAA to assert a new affirmative defense under the sudden emergency doctrine.  Firestone contends that based on discovery that was not previously known and obtained in this matter, she believes there is enough evidence to support the defense. 

The motion is unopposed and granted.  The trial in this action is scheduled for June 28, 2023, and thus, the parties have sufficient time to prepare for trial.  

Firestone is ordered to file separate copies of her proposed First Amended Answers to the complaint and Sandoval’s cross-complaint within five (5) days.

Moving Party Firestone is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 22^nd day of March 2023