Judge: Olivia Rosales, Case: 20NWCV00475, Date: 2022-08-30 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 20NWCV00475    Hearing Date: August 30, 2022    Dept: SEC

RUANO v. EQUITY SMART HOME LOANS, INC., et al.

CASE NO.:  20NWCV00475

HEARING:  8/30/22 @ 10:30 AM

JUDGE:  OLIVIA ROSALES

#3

TENTATIVE RULING

Plaintiff Ruano’s motion for leave to file second amended complaint is GRANTED.  Plaintiff is ordered to immediately file and serve the second amended complaint.

Moving Party to give NOTICE.

Plaintiff Ruano moves for leave to file a second amended 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 second amended complaint to add causes of action for bad faith and fraud, based on newly discovered evidence.  (Ruano Decl., ¶ 3.)

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 second amended complaint.