Judge Olivia Rosales, Case 20NWCV00251 2022-08-02 Tentative Ruling

Judge: Olivia Rosales, Case: 20NWCV00251, Date: 2022-08-02 Tentative Ruling

Case Number: 20NWCV00251 Hearing Date: August 2, 2022 Dept: SEC

BROWN v. WINNEBAGO INDUSTRIES, INC., et al.

CASE NO.: 20NWCV00251

HEARING: 8/2/22 @ 9:30 AM

JUDGE: MARGARET M. BERNAL

TENTATIVE RULING

Plaintiff Brown’s motion for leave to file a supplemental complaint is GRANTED. Plaintiff is ordered to immediately file and serve the amended complaint.

Moving Party to give NOTICE.

Plaintiff Brown moves for leave to file a supplemental complaint pursuant to CCP § 473.

“A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.)

Plaintiff seeks leave to file a supplemental complaint. After the filing of the complaint, the parties attempted to settle the matter, but Defendant failed to perform all the terms of the settlement. Plaintiff seeks leave to add these new allegations.

The motion is GRANTED. Judicial policy favors resolution of all disputed matters in the same lawsuit. Moving Party is ordered to immediately file and serve the amended complaint.