Judge: Michelle Williams Court, Case: 20STCV17068, Date: 2022-08-18 Tentative Ruling
Case Number: 20STCV17068 Hearing Date: August 18, 2022 Dept: 74
20STCV17068 ANNE
VAN LEYNSEELE vs ZUBLER LAWLER DEL DUCA, LLP
Plaintiff’s Motion for Leave to File Plaintiff’s First
Amended Complaint
TENTATIVE RULING:
The motion is DENIED.
Background
On May 5, 2020, Plaintiff Anne Van Leynseele
filed this action against Defendant Zuber Lawler & Del Duca, LLP alleging
six causes of action: (1) violation of Labor Code §§ 1182.12-1194 (minimum
wage), (2) violation of Labor Code § 226(a) (non-compliant wage statements),
(3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust
enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for
Defendants and alleges she was misclassified as an independent contractor.
On July 2, 2021, Defendant Zuber
Lawler & Del Duca, LLP filed a cross-complaint against Plaintiff asserting
causes of action for: (1) fraudulent misrepresentation; (2) negligent
misrepresentation; (3) concealment; (4) false promise; and (5) fraudulent
inducement.
On June 3, 2022, the Court granted Defendant’s
motion for summary adjudication as to Plaintiff’s fifth and sixth causes of
action.
Motion
On July 11, 2022, Plaintiff filed the instant motion
for leave to file a First Amended Complaint which adds causes of action for
breach of contract and breach of the implied covenant of good faith and fair
dealing and removes the causes of action to which the Court granted summary
adjudication.
Opposition
In
opposition, Defendant contends Plaintiff unreasonably delayed in seeking to
amend the complaint, it will be prejudiced by the amendment, and the proposed
causes of action lack merit as an evidentiary matter.
Reply
In
reply, Plaintiff reiterates her arguments in the initial moving papers and
contends she should be able to assert her contract claims.
Motion for Leave to File First Amended
Complaint
Standard
In California, leave to amend is to be granted
liberally, to accomplish substantial justice for both parties. (Code Civ. Proc.
§ 473(a); Hirsa v. Superior Court
(1981) 118 Cal.App.3d 486, 488-89.) “[I]t is a rare case in
which ‘a court will be justified in refusing a party leave to amend his
pleadings so that he may properly present his case.” (Morgan v. Superior Court of Cal. In and For Los
Angeles County (1959)
172 Cal.App.2d 527, 530. See also Armenta
ex rel. City of Burbank v. Mueller Co. (2006) 142 Cal.App.4th 636, 642 (“The trial court has discretion to
permit or deny the amendment of the complaint, but instances justifying the
court's denial of leave to amend are rare.”); Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047 (“discretion should be exercised
liberally in favor of amendments, for judicial policy favors resolution of all
disputed matters in the same lawsuit.”).)
Additionally, a party seeking to file an amended
pleading must also comply with California Rules of Court, rule 3.1324 which
requires that the motion:
(1)
Include a copy of the proposed amendment or amended
pleading, which must be serially numbered to differentiate it from previous
pleadings or amendments;
(2)
State what allegations in the previous pleading are
proposed to be deleted, if any, and where, by page, paragraph, and line number,
the deleted allegations are located; and
(3)
State what allegations are proposed to be added to
the previous pleading, if any, and where, by page, paragraph, and line number,
the additional allegations are located.
(Cal. R. Ct., rule 3.1324(a).) Additionally, the
accompanying declaration of counsel must specify:
(1) The
effect of the amendment;
(2) Why the
amendment is necessary and proper;
(3) When the
facts giving rise to the amended allegations were discovered;
(4) The reasons why the request for amendment was not made earlier.
(Cal. R. Ct., rule
3.1324(b).)
Procedural
Requirements of Rule 3.1324
As an initial matter, the
Court notes Plaintiff’s reliance upon Code of Civil Procedure section 426.50 is
misplaced. (Notice at 1:12-14; Mot. at 3:22-28.) This statute is contained in
the Article involving compulsory cross-complaints and therefore does not apply
to Plaintiff’s request to file an amended complaint.
Plaintiff’s motion attaches
a copy of the proposed pleading and identifies the additional allegations by
page number and line both in the body of the memorandum and in a bluelined
version of the amended complaint. (Mot. at 5:1-12:6, Zambrano Decl. Ex. B-C.) The
motion complies with the requirements of California Rules of Court, rule
3.1324(a).
The motion is supported
by the declaration of Ronald Zambrano who generally states he “filed Plaintiff
ANNE VAN LEYNSEELE’s complaint against Defendant ZLD, on May 5, 2020, and the
complaint was sent for service. Thereafter, while investigating the matter with
Plaintiff in this matter, it became apparent that Plaintiff suffered damages as
a result of ZLD’s breach of contract and breach of the covenant of good faith
and fair dealing.” (Zambrano Decl. ¶ 2.) Zambrano states “[t]his investigation
led [him] to conclude that the complaint failed to properly include a Cause of Action
for Breach of Contract and a Cause of Action for Breach of the Covenant of Good
Faith and Fair Dealing.” (Id. ¶ 3.) Zambrano prepared the motion for leave to
amend “[a]fter making attempts to meet and confer with counsel for Defendants,
and upon counsel’s refusal to stipulate to allow Plaintiff to amend her
complaint.” (Id. ¶ 4.)
Zambrano’s declaration
lacks any specificity as to “[w]hen the facts giving rise to the amended
allegations were discovered” and “[t]he reasons why the request for amendment was
not made earlier” as required by California Rules of Court, rule 3.1324(b).
Plaintiff
Unreasonably Delayed Seeking the Amendment, Provided No Excuse for the Delay,
and Defendant Will Suffer Prejudice as a Result of the Amendment at this Late
Stage of the Proceedings
Plaintiff filed this
action on May 5, 2020. The Court granted Defendant’s motion for summary
adjudication on June 3, 2022. Plaintiff filed the instant motion on July 11,
2022 and obtained the instant August 18, 2022 hearing date via an ex parte
application granted on July 18, 2022.
In opposition, Defendant
argues Plaintiff unreasonably delayed in seeking to amend the complaint and
failed to provide any excuse for the delay. (Opp. at 4:16-5:12.) As noted
above, Plaintiff’s counsel’s declaration does not contain any specificity as to
when the facts giving rise to the amendment were discovered. Based upon the
evidence before the Court, it appears the facts supporting Plaintiff’s contract
claims based upon non-payment were known to Plaintiff prior to filing the original
complaint. (Record v.
Reason (1999) 73 Cal.App.4th 472, 486–487 (“Appellant had
knowledge of the circumstances on which he based the amended complaint on the
day he was injured, almost three years before he sought leave to amend.”); Duchrow
v. Forrest (2013) 215 Cal.App.4th 1359, 1380 (“Before filing the complaint,
[plaintiff] had all of the necessary information to include the appropriate
allegations if he wanted to recover damages under paragraph 9.”).)
Additionally, Plaintiff
does not provide any excuse or explanation for not seeking leave to amend
earlier. (Roemer v. Retail Credit Co. (1975) 44 Cal.App.3d 926, 939–940 (“The law is also clear that even if
a good amendment is proposed in proper form, unwarranted delay in presenting it
may—of itself—be a valid reason for denial. The cases indicate that the denial
may rest upon the element of lack of diligence in offering the amendment after
knowledge of the facts, or the effect of the delay on the adverse party.”); Huff v. Wilkins (2006) 138 Cal.App.4th
732, 746 (“he failed to offer any explanation for his delay in seeking leave to
amend.”); Bedolla v. Logan & Frazer (1975) 52 Cal.App.3d 118, 136 (“The law is well settled that a long
deferred presentation of the proposed amendment without a showing of excuse for
the delay is itself a significant factor to uphold the trial court's denial of
the amendment.”); Le Mere v.
Los Angeles Unified School Dist. (2019) 35 Cal.App.5th
237, 245 (“appellant offered no explanation for her delay in asserting this new
cause of action. . . . Here, there was an unexplained delay of 14 months in
raising the new cause of action. We find the trial court did not abuse its
discretion in denying leave to amend to add the claim.”).)
“Leave to amend may be
denied if there is prejudice to the opposing party, such as delay in trial,
loss of critical evidence, or added costs of preparation.” (Kolani v. Gluska (1998) 64 Cal.App.4th
402, 412.) Plaintiff contends the amendment, only a month from the trial date,
“does not require a delay of trial, does not result in the loss of critical
evidence, and will not add to the cost of preparation or an increased burden of
discovery” and therefore will not prejudice Defendant. (Mot. at 4:20-22.) In
opposition, Defendant notes the amendment would require it to “issue and
analyze additional written discovery, conduct additional witness interviews,
and conduct new depositions” and “will
need to be provided the opportunity to do discovery and file a dispositive
motion that may not be heard for several months based on the Court’s current
hearing calendar.” (Opp. at 6:1-25.)
The Court finds Defendant
will be prejudiced by Plaintiff’s proposed amendment only one month prior to
the trial date. Plaintiff’s original complaint asserted claims based upon
allegations that Plaintiff was entitled to extra-contractual compensation via
claims for unjust enrichment and quantum meruit. Defendant was successful on
its dispositive motion as to these claims. Plaintiff’s proposed amendment
alters her claims to seek unpaid compensation under the terms of the contract,
which is an entirely different claim. (Estate of
Murphy (1978) 82 Cal.App.3d 304, 311 (“the proposed
amendment opened up an entirely new field of inquiry without any satisfactory
explanation as to why this major change in point of attack had not been made
long before trial.”).) The amendment will likely necessitate further discovery,
additional motion practice, and an undue delay of the trial.
Finally, while the Court
generally does not address the merits of a proposed pleading, the Court notes
the proposed sixth cause of action for breach of the covenant of good faith and
fair dealing is identical to the proposed fifth cause of action for breach of
contract. (Zambrano Decl. Ex. C ¶¶ 48-66.) Accordingly, the sixth cause of
action is duplicative and would be vulnerable to a demurrer. (See Careau & Co. v. Security Pacific Business
Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395 (“If the
allegations do not go beyond the statement of a mere contract breach and,
relying on the same alleged acts, simply seek the same damages or other relief
already claimed in a companion contract cause of action, they may be
disregarded as superfluous as no additional claim is actually stated.”); Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 352 (“But insofar as the employer's acts are
directly actionable as a breach of an implied-in-fact contract term, a claim
that merely realleges that breach as a violation of the covenant is superfluous.”).)
Under the circumstances,
denial of leave to amend is appropriate. (P&D
Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th
1332, 1345 (“We also find no merit to P & D's argument the court abused its
broad discretion by denying it leave to amend the complaint to add causes of
action for breach of the implied covenant of good faith and fair dealing and ‘breach
of the duty to negotiate in good faith.’ The court's ruling was based on
unreasonable delay. P & D did not seek leave to amend until after the trial
readiness conference, an amendment would require additional discovery and
perhaps result in a demurer or other pretrial motion, and P & D offered no
explanation for the delay.”).)