Judge: Nick A. Dourbetas, Case: 2021-01222807, Date: 2023-08-18 Tentative Ruling

Motion for Leave to amend

Plaintiff Linda Luopng, aka “Nga Nguyet Luong’s” Motion for Leave to File a Third Amended Complaint is GRANTED. (See Code Civ. Proc. § 473.)

The Court declines defendants’ invitation to base its ruling upon the merits of the proposed pleading. The general rule is that the court need not decide the merits of the added claims in deciding whether or not to grant leave to amend. (See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045.)

Plaintiff’s evidence makes the showing required under Calif. Rules of Court, rule 3.1324.

In light of the requirement that any doubts must be resolved in favor of allowing the amendment of any pleading (New Albertson’s, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420), the Court grants the motion.

A third amended complaint in the form attached to the motion shall be separately e-filed to ensure that it is properly indexed in the court’s electronic filing system.

* Trial date is continued to October 14, 2024 at 9 AM. *

Moving party shall give notice of all the above.