Judge: Robert B. Broadbelt, Case: 19STCV38890, Date: 2023-02-27 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 19STCV38890 Hearing Date: February 27, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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February
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[Tentative]
Order RE: plaintiffs’ motion for leave to file first
amended complaint |
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MOVING PARTIES:
Plaintiffs Jason J. Emer, MD,
Professional Corporation and Jason J. Emer, M.D.
RESPONDING PARTY: Unopposed
Motion for Leave to File First Amended Complaint
The court
considered the amended moving papers filed in connection with this motion on
November 16, 2022. No opposition papers
were filed.
DISCUSSION
Plaintiffs Jason
J. Emer, MD, Professional Corporation and Jason J. Emer, M.D. (“Plaintiffs”)
move the court for an order granting them leave to file their First Amended
Complaint in this action to add (1) an additional count of fraud within the
first cause of action, (2) a new cause of action for violation of Penal Code
section 496, (3) a new cause of action for disgorgement pursuant to Business
and Professions Code section 7031, and (4) related allegations in support of
those additional claims. (Segal Decl.,
¶¶ 5, 8.)
The court finds that it is in
furtherance of justice to permit Plaintiffs to file their proposed First
Amended Complaint. (Code Civ. Proc.,
§ 473, subd. (a)(1).) The court
further finds that the parties will not be misled or prejudiced by this
amendment. (Kittredge Sports Co. v.
Superior Court (1989) 213 Cal.App.3d 1045, 1048.) The court therefore grants Plaintiffs’
motion.
ORDER
The court grants plaintiffs Jason J. Emer MD, Professional Corporation
and Jason J. Emer, M.D.’s motion for leave to file first amended complaint.
The court orders plaintiffs Jason J. Emer MD, Professional Corporation
and Jason J. Emer, M.D. to file the First Amended Complaint, in the form
attached as Exhibit A to the Declaration of Lawrence Segal filed on November
16, 2022, within 5 days of the date of this order.
The court orders plaintiffs Jason J. Emer MD, Professional Corporation
and Jason J. Emer, M.D. to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court