Judge: Richard S. Whitney, Case: 37-2022-00029188-CU-BT-CTL, Date: 2023-12-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 28, 2023

12/29/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2022-00029188-CU-BT-CTL U HAUL CO OF CALIFORNIA VS SOUTHCAL TOWING AND STORAGE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: CROSS-COMPLAINANT SCAL TRANSPORT, INC.'S MOTION FOR LEAVE TO AMEND CROSS-COMPLAINT is GRANTED.

Defendant/Cross-Complainant SCAL TRANSPORT, INC.'s ('Cross-Complainant') seeks to amend the cross-complaint to add allegations and add causes of action related to interference with prospective economic relationships. Plaintiffs/Cross-Defendants U-Haul Co. of California and U-Haul Co. of Arizona ('Cross-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.) While the reasons for the delay are somewhat dubious, the Court finds Cross-Defendants has not demonstrated sufficient prejudice to justify denying leave to amend. The Court also finds Cross-Defendants has not sufficiently demonstrated the new allegations cannot, as a matter of law based on undisputed facts, support the new causes of action. Defendant's arguments are best reserved for a demurrer if Defendant wants to pursue such arguments. The motion is granted.

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