Judge: Richard S. Whitney, Case: 37-2021-00043378-CU-PO-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00043378-CU-PO-CTL CORREA VS KONE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULINGS: CROSS-COMPLAINANT KONE INC.'S UNOPPOSED MOTION FOR LEAVE

FOR DEFENDANT AND CROSS-COMPLAINANT KONE INC. TO FILE ITS FIRST AMENDED CROSS-COMPLAINT is GRANTED.

Defendant and Cross-Complainant KONE INC. ('Kone') seeks to file an amended cross-complaint to, inter alia, name Wirerope Works, Inc. and Michael Blades & Associates, Ltd. as cross-defendants.

Failure to file any opposition to the motions indicates the other parties' acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) 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.) In the absence of any argument as to delay, prejudice, or the lack of merits, the Court grants the unopposed motion.

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