Judge: Richard S. Whitney, Case: 37-2022-00051946-CU-BC-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 21, 2023

12/22/2023  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) 37-2022-00051946-CU-BC-CTL HENRY VS VAN VUREN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

Plaintiff LOGAN HENRY ('Plaintiff') seeks to amend the complaint to add allegations and add a cause of action for fraud. Defendant DAVID VANVUREN II aka DAVID VANVUREN ('Defendant') opposes 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 Defendant has not demonstrated sufficient prejudice to justify denying leave to amend.

The Court also finds Defendant has not sufficiently demonstrated the new allegations cannot, as a matter of law based on undisputed facts, support a fraud cause 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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