Judge: Richard S. Whitney, Case: 37-2021-00022592-CU-BC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00022592-CU-BC-CTL SMITH VS LOW COMPLEXITY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF JUSTIN SMITH'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT is GRANTED.

Plaintiff Justin Smith ('Plaintiff') seeks leave to file an amended complaint that will add allegations and causes of action for fraud and unjust enrichment and imposition of constructive trust. Defendants Low Complexity, LLC., Kevin Tucker, and HFL Holdings, LLC ('Defendants') oppose the 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.) '[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 v. Wilkins (2006) 138 Cal.App.4th 732, 746.) Defendants concede that the facts are not undisputed such that there can be no liability as a substantive matter. Therefore, the only issue is whether Defendants would be prejudiced by the amendment. The Court finds Defendants have failed to adequately demonstrate they would be prejudiced by the amendment such that the Court should exercise its discretion against the liberal policy of permitting amendment. Defendants alternatively request some conditions be imposed as a result of granting the motion. The Court will consider continuing the trial date, but nothing beyond such a continuance. The parties should be prepared to discuss a trial continuance at the time of the hearing.

Calendar No.: Event ID:  TENTATIVE RULINGS

3001821  51