Judge: Richard S. Whitney, Case: 37-2022-00032013-CU-BC-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 17, 2024

04/19/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00032013-CU-BC-CTL MFR7 LLC VS CITY CHEVROLET OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

Plaintiff MFR7, LLC ('Plaintiff') seeks to file a first amended complaint to add a cause of action for fraud.

Defendants CITY CHEVROLET OF SAN DIEGO and MANUEL SEDANO, JR. ('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.) The Court finds Defendants have not demonstrated sufficient prejudice and/or unfair surprise would result from amendment. The Court also finds Defendants have not demonstrated that the undisputed facts are such that the fraud claim would fail as a matter of law. The motion is granted.

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