Judge: Peter Wilson, Case: 2021-01235479, Date: 2022-09-15 Tentative Ruling

Plaintiff’s unopposed motion for leave to file a First Amended Complaint pursuant to Code of Civil Procedure § 473 is GRANTED. Plaintiff must file and serve the First Amended Complaint as a separate document within ten days.

California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. (IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461.) Because the policy favoring amendment is so strong, “[i]t is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plaintiff’s claim is clear, but under substantive law, no liability exists and no amendment would change the result.” (Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428.) Plaintiff is not changing the nature of this case, and the amendments add to existing allegations regarding labor code violations. The amendment would not result in any prejudice to Defendants. Thus, the proposed amendment will be allowed.

Plaintiff is ordered to give notice.