Judge: Richard S. Whitney, Case: 37-2023-00013542-CU-BC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  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) 37-2023-00013542-CU-BC-CTL RUIZ VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

Plaintiff JAIME CERNA RUIZ ('Plaintiff') seeks leave to file an amended complaint that allegations and causes of action against Defendant FCA US, LLC ('Defendant'). 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.) Failure to file any opposition to the motion indicates Defendant's acquiescence that the motion is meritorious. (See California Rules of Court, Rule 8.54(c).) As Defendant has failed to oppose the motion, Defendant has not demonstrated prejudice based on the proposed amendments nor that the amendments would fail as a substantive matter based on the undisputed facts. Therefore, the motion is granted.

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