Judge: Robert B. Broadbelt, Case: 21STCV22711, Date: 2024-11-22 Tentative Ruling

Case Number: 21STCV22711    Hearing Date: November 22, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Marlyn Jimenez       

RESPONDING PARTY:        Unopposed

Motion for Leave to File First Amended Complaint

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.[1]

DISCUSSION

Plaintiff Marlyn Jimenez (“Plaintiff”) moves the court for an order granting her leave to file a First Amended Complaint to add a cause of action for negligent hiring, retention, or supervision against defendant Rodrigo Prieto (“Prieto”).  (Liberatore Decl., ¶¶ 4-5, 12.)

The court finds that (1) it is in furtherance of justice to allow Plaintiff to amend her complaint to add a cause of action for negligent hiring, retention, or supervision against Prieto, (2) defendant Prieto will not be unduly prejudiced by this amendment because he will have seven months to challenge the sufficiency and merits of this cause of action before trial, and (3) the other named defendants will not be misled or prejudiced by this amendment since Plaintiff seeks to add this cause of action only against defendant Prieto.  (Code Civ. Proc., §¿473, subd. (a); Mac v. Minassian (2022) 76 Cal.App.5th 510, 519 [“‘ “California courts ‘have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others’ ” ’”].)  The court therefore grants Plaintiff’s motion.  

ORDER

            The court grants plaintiff Marlyn Jimenez’s motion for leave to file First Amended Complaint.

            The court orders plaintiff Marlyn Jimenez to file the First Amended Complaint in the form attached as Exhibit A to the declaration of Anthony A. Liberatore (omitting the highlighted markings), within 5 days of the date of this order.

            The court orders plaintiff Marlyn Jimenez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 22, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court