Judge: Richard S. Whitney, Case: 37-2020-00042042-CU-PN-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Professional Negligence Motion Hearing (Civil) 37-2020-00042042-CU-PN-CTL NOAR VS REAL ACQUISITION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF'S MOTION FOR LEAVE TO AMEND PLAINTIFF'S FIRST AMENDED COMPLAINT is GRANTED.

Defendant ARLENE HOURDAJIAN ('Defendant') opposes Plaintiffs Nicole Noar and Kevin Noar's ('Plaintiffs') motion. The policy permitting amendment is strong, but amendment may be rejected where there is a showing of prejudice or unfair surprise. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296–297.) Unwarranted delay may also be a valid reason for denial. (Huff v. Wilkins (2006) 138 Cal.App.4th 732, 746.) '[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.' (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) 'Leave to amend is properly denied when the facts are undisputed and as a substantive matter no liability exists under the plaintiff's new theory.' (Huff, supra, 138 Cal.App.4th at 746.) Here, Plaintiffs explain that the delay in bringing this motion was that they recently (on June 1, 2023) discovered, through a production of documents, the existence of a signed agreement from Defendant Power Escrow, Inc. ('Power Escrow'), in which Plaintiffs and Power Escrow were privy to a document titled 'Addendum to Residential Purchase Agreement and Joint Escrow Instructions Dated February 1, 2020' as well as a document titled 'Privacy Act Notice' (hereinafter collectively referred to as the 'Agreements'). The Court finds that the only opposing party, Defendant ARLENE HOURDAJIAN, has failed to sufficiently demonstrate prejudice, unfair surprise, or that the undisputed facts are such that as a substantive matter no liability exists under the new allegations. The motion is granted.

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