Judge: Michelle C. Kim, Case: 21STCV36595, Date: 2023-03-23 Tentative Ruling

Case Number: 21STCV36595    Hearing Date: March 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Marine Mandoyan (“Plaintiff”) filed this action against Defendants City of Los Angeles and Los Angeles World Airports (collectively, “Defendants”) for damages relating to Plaintiff’s trip and fall on Defendant’s property.  Plaintiff alleges that while she was crossing from a parking area to a trailer, she tripped and fell over an elevated surface mount for a vehicular traffic guidepost.  Defendants filed their answer to Plaintiff’s operative First Amended Complaint on April 14, 2022. 

Defendants now move to for leave to file a First Amended Answer (“FAA”) to add an affirmative defense for workers’ compensation exclusivity.  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, Defendants assert that they inadverdently failed to include an affirmative defense for workers’ compensation exclusivity in their original answer.  Defendants aver that Plaintiff is receiving workers’ compensation benefits while simultaneously prosecuting this action.  Further, Defendants contend that Plaintiff has been aware of this issue since the inception of the case, so Plaintiff will not be prejudiced by the proposed amendment. 

The motion is unopposed and granted.  The trial in this action is scheduled for March 7, 2024, and thus, the parties will not be prejudiced by this ruling. 

Defendants are ordered to file a separate copy of their FAA within ten days. 

Defendants are 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 23^rd day of March 2023