Judge: Robert B. Broadbelt, Case: 22STCV21805, Date: 2024-01-11 Tentative Ruling

Case Number: 22STCV21805    Hearing Date: January 11, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

kelly daniela perez alonso ;

 

Plaintiff,

 

 

vs.

 

 

billy c. campbell , et al.;

 

Defendants.

Case No.:

22STCV21805

 

 

Hearing Date:

January 11, 2024

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

plaintiff’s motion for leave to file first amended complaint

 

MOVING PARTY:                 Plaintiff Kelly Daniela Perez Alonso

 

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.

DISCUSSION

Plaintiff Kelly Daniela Perez Alonso (“Plaintiff”) moves the court for an order granting her leave to file a First Amended Complaint in order to add (1) a cause of action for illegal collection of rent in violation of Los Angeles Rent Ordinance section 151.05 and (2) related allegations.  (Murphy Decl., ¶ 9.)

The court finds that (1) it is in furtherance of justice to allow Plaintiff to amend her complaint to add a cause of action illegal collection of rent, and (2) defendants Billy C. Campbell, individually and as trustee of the Billy C. Campbell Revocable Trust created September 22, 2015, and Greg Campbell will not be misled or unduly prejudiced by the amendment.  (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 Kelly Daniela Perez Alonso’s motion for leave to file first amended complaint.

            The court orders plaintiff Kelly Daniela Perez Alonso to file the First Amended Complaint, in the form attached as Exhibit B to the declaration of Allyson C. Murphy (omitting the redlined markings), within 5 days of the date of this order.

            The court orders plaintiff Kelly Daniela Perez Alonso to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  January 11, 2024

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court