Judge: Richard S. Whitney, Case: 37-2022-00034223-CU-FR-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  Fraud Motion Hearing (Civil) 37-2022-00034223-CU-FR-CTL NICHOLAS DICKSON AS TRUSTEE OF THE M CHRIS DICKSON REVOCABLE LIVING TRUST DATED FEBRUARY 23 1996 VS MANN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULINGS: PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST

AMENDED COMPLAINT is GRANTED.

Plaintiff NICHOLAS DICKSON, individually and as TRUSTEE OF THE M. CHRIS DICKSON REVOCABLE LIVING TRUST DATED February 23, 1996 ('Plaintiff') seeks to file an amended complaint to add allegations as to a transaction involving JJJAM, Inc. stock that Plaintiff believes was made to avoid the judgment at issue in this action. 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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