SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT 

DEPARTMENT V 

 

 

 

MOVING PARTIES: Plaintiff Maggie Young 

 

RESPONDING PARTY: None. 

Motion for Leave to File First Amended Complaint 

The court considered the moving papers filed in connection with this motion.  

 

BACKGROUND 

On January 31, 2023, Plaintiff Maggie Young filed this Complaint against Defendants Alpaca Apartments, LLC; ADR/Preferred Business Properties; and DOES 1 through 50, inclusive, alleging causes of action for: (1) Negligence; (2) Breach of Contract; (3) Breach of the Implied Warranty of Habitability; (4) Private Nuisance; and (5) Constructive Eviction. The Complaint alleges on or around February 1, 2019, Plaintiff discovered the subject premises suffered from serious habitability problems and dangerous conditions. 

 

On January 24, 2024, Plaintiff filed this instant Motion for Leave to File First Amended Complaint. The opposition was due February 20, 2024, none has been filed.  

REQUEST FOR JUDICIAL NOTICE 

In support of her motion, Plaintiff requests judicial notice of (1) the Los Angeles County Department of Public Health’s Official Inspection Report attached as Exhibit 1; (2) the Los Angeles County Department of Public Health’s Confirmation Notice attached as Exhibit 2; and (3) the Los Angeles County Department of Public Health’s Confirmation Notice attached as Exhibit 3. Plaintiff’s request for judicial notice is GRANTED pursuant to Evidence Code Sections 452, subdivision (b) and subdivision (c).  

LEGAL STANDARD 

“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; and may, upon like terms, enlarge the time for answer or demurrer. 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; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc., § 473, subd. (a)(1).)¿  “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code Civ. Proc., § 576.)¿ 

DISCUSSION 

Plaintiff Maggie Young moves for an order granting her leave to file a First Amended Complaint to supplement Plaintiff’s nuisance cause of action to include allegations that Defendants Alpaca Apartments, LLC and ADR/Preferred Business Properties knowingly and consciously maintained a nuisance and to include a prayer for punitive damages.  

Plaintiff makes this motion on the grounds that, after filing the operative Complaint, Plaintiff discovered new and additional facts that give rise to supplementing her cause of action for nuisance and which also give rise to adding a prayer for punitive damages. Specifically, Plaintiff contends she contacted the Los Angeles County Department of Public Health after the complaint was filed to report the presence of mold within her apartment on several occasions. Plaintiff further contends the Department of Health performed an initial inspection in February 2023 and issued an official notice to Defendant Alpaca, directing Defendant Alpaca to fix the mold problem. Plaintiff asserts Defendants failed to remediate the mold or otherwise fix the mold problem within the subject premises despite the notice. Moreover, Plaintiff contacted the Department of Health on two occasions thereafter and Defendant Alpaca was notified of these complaints. Plaintiff argues Defendants failed again to remediate or fix the mold problem. As such, Plaintiff argues these facts indicate that Defendants knowingly and consciously maintained a nuisance within the subject premises, which give rise to a claim for punitive damages. Lastly, Plaintiff argues Defendants will not suffer prejudice if leave to amend is granted because the trial date is not set until September of this year and all evidence to support these claims has been provided to the Defendants. 

The instant motion was made before the commencement of the jury trial set for September 23, 2024 and Defendants were placed on notice of the proposed amendment through the filing of this motion. Moreover, Plaintiff has attached evidence to support the additional allegations she wishes to include in the amendment and Defendants have not opposed this motion. Finally, there is no indication that formal discovery has taken place at this time.  

Based on the foregoing, the court GRANTS Plaintiff Maggie Young’s Motion for Leave to File First Amended Complaint.  

 

Moving party is ordered to give notice of this ruling. 

IT IS SO ORDERED. 

 

DATED:  ¿March 1, 2024¿