Judge: Robert B. Broadbelt, Case: 23STCV17123, Date: 2024-04-24 Tentative Ruling

Case Number: 23STCV17123    Hearing Date: April 24, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network      

RESPONDING PARTY:       Unopposed

Motion for Leave to File Second Amended Complaint

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

DISCUSSION

Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network (“Plaintiff”) moves the court for an order granting it leave to file a Second Amended Complaint (1) to add a claim for breach of contract based on a third breached contract, (2) to add fraud allegations against defendant Horace Winchester, and (3) to add allegations regarding the three contracts that are the subject of this action.  (Teperson Decl., ¶¶ 4, 6, 7, 10.)

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect….The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….”  (Code Civ. Proc., §¿473, subd. (a)(1).)  “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) 

The court finds that (1) it is in furtherance of justice to allow Plaintiff to amend its complaint to add the additional claim and allegations for breach of a third contract and allegations of fraud against defendant Horace Winchester, and (2) this amendment will not unduly prejudice the defendants that have been named (but have not made a general appearance) in this action.  The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 473, subd. (a)(1); Kittredge Sports Co., supra, 213 Cal.App.3d at p. 1047.)

ORDER

            The court grants plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network’s motion for leave to file second amended complaint.

            The court orders plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network to file its Second Amended Complaint, in the form attached to its motion for leave to file second amended complaint as Exhibit A, no later than five days from the date of this order.

            The court orders plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network to give notice of this ruling.

IT IS SO ORDERED.

DATED:  April 24, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court