Judge: Robert B. Broadbelt, Case: 22STCV01211, Date: 2022-12-16 Tentative Ruling

Case Number: 22STCV01211    Hearing Date: December 16, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff K’Lem Fitzgerald Banner

RESPONDING PARTY:       Defendant City of Los Angeles

Motion for Leave to File First Amended Complaint

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff K’Lem Fitzgerald Banner (“Plaintiff”) filed this FEHA action against defendants City of Los Angeles and Los Angeles Police Department on January 11, 2022.  Plaintiff’s Complaint alleges five causes of action for (1) discrimination in violation of FEHA; (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to accommodate in violation of FEHA; and (5) failure to engage in the good faith interactive process in violation of FEHA.

Plaintiff now moves the court for an order granting him leave to file a First Amended Complaint to add allegations that defendant City of Los Angeles (“Defendant”) discriminated against and harassed Plaintiff based on his race and ethnicity.  (Kim Decl., ¶ 2; Kim Decl., Ex. 1, Proposed First Amended Complaint, ¶¶ 13-16, 28, 31, 33-34, 39, 41-42, 47, 56, 62.)   

The court finds that it is in furtherance of justice to allow Plaintiff to amend his Complaint to add the new allegations of discrimination and harassment described in his moving papers.  (Code Civ. Proc., § 473, subd. (a).)  The court further finds that Defendant has not presented evidence or argument establishing that it would be prejudiced by this amendment.  Finally, while the court notes that Defendant contends that amendment in this instance would be futile, Defendant may test the validity of Plaintiff’s First Amended Complaint by demurrer, motion for judgment on the pleadings, or other appropriate proceedings.  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

Because the court finds that (1) it is in furtherance of justice to allow Plaintiff to amend his Complaint, and (2) Defendant will not be prejudiced by this amendment, the court grants Plaintiff’s motion.  (Code Civ. Proc., § 473, subd. (a); Kittredge Sports Co., supra, 213 Cal.App.3d at p. 1048 [“it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment”].)

ORDER

            The court grants plaintiff K’Lem Fitzgerald Banner’s motion for leave to file First Amended Complaint.

The court orders plaintiff K’Lem Fitzgerald Banner to file the First Amended Complaint, as attached as Exhibit 2 to the declaration of Ashley E. Kim, within 5 days of the date of this order.

The court orders plaintiff K’Lem Fitzgerald Banner to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 16, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court