Judge: Robert B. Broadbelt, Case: 23STCV06988, Date: 2025-05-21 Tentative Ruling

Case Number: 23STCV06988    Hearing Date: May 21, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants Traylor Bros., Inc., Traylor Precast, LLC, and Geoff Cobbett (erroneously sued as Geoff Cobatt)                        

RESPONDING PARTY:       Unopposed

Motion for Leave to File an Amended Answer

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

DISCUSSION

Defendants Traylor Bros., Inc., Traylor Precast, LLC, and Geoff Cobbett (erroneously sued as Geoff Cobatt)    move the court for an order granting them leave to file an amended answer to add two additional affirmative defenses.  

On March 19, 2025, plaintiff Miguel Avila (“Plaintiff”) filed a Request for Dismissal of defendant Geoff Cobatt.  (Mar. 19, 2025 Req. for Dismissal, ¶ 1, subds. (a)(1), (b)(6).)  The clerk entered the dismissal of defendant Geoff Cobbett on March 20, 2025 pursuant to that request.  (Id., ¶ 5.)  The court therefore denies as moot the motion as filed by defendant Geoff Cobbett (erroneously sued as Geoff Cobatt).

The court finds that (1) it is in furtherance of justice to allow defendants Traylor Bros., Inc. and Traylor Precast, LLC (“Defendants”) to amend their answer to add the two new affirmative defenses (i) of preemption by federal law, and (ii) based on the parties’ collective bargaining agreement, and (2) Plaintiff has not shown that he will be unduly prejudiced by this amendment, including because the parties have over three months to test the legal sufficiency of, and conduct discovery on, Defendants’ new affirmative defenses before trial is set to begin on September 3, 2025.[1]  (Code Civ. Proc., §§ 473, subd. (a), 576; Eng v. Brown (2018) 21 Cal.App.5th 675, 701 [“The rule is that courts will be liberal in allowing an amendment to a pleading when it does not seriously impair the rights of the opposite party—and particularly an amendment to an answer”].)  The court therefore grants Defendants’ motion.

ORDER

            The court grants defendants Traylor Bros., Inc. and Traylor Precast, LLC’s motion for leave to file an amended answer.

            The court orders defendants Traylor Bros., Inc. and Traylor Precast, LLC to file “Defendants’ [Proposed] Amended Answer to Plaintiff’s Complaint,” in the form attached as Exhibit A to “Defendants’ Notice Lodging Proposed Amended Answer” (omitting the term “Proposed” wherever it appears in the answer) within 5 days of the date of this order.

            The court orders defendants Traylor Bros., Inc. and Traylor Precast, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 21, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court