Judge: Serena R. Murillo, Case: 20STCV47912, Date: 2023-05-08 Tentative Ruling

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Case Number: 20STCV47912    Hearing Date: May 8, 2023    Dept: 31

TENTATIVE

Plaintiffs Global Interactive Enterprises, Inc.’s and CHWD Ventures, LLC’s Unopposed Motion for Leave to File a Second Amended Complaint is GRANTED.

Legal Standard

Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.)¿ Generally, amendment must be permitted unless there is unwarranted delay in requesting leave to amend or undue prejudice to the opposing party. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) Even if a good amendment is proposed in proper form, unwarranted delay in presenting it may – of itself—be a valid reason for denial. (Emerald Bay Community Association v. Golden Eagle Ins. Corp. (2005) 130 Cal.App.4th 1078, 1097.)¿¿¿¿¿ 

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Under California Rules of Court, rule 3.1324, a motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Cal. Rules of Court, rule 3.1324(a).) A separate supporting declaration specifying (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reason why the request for amendment was not made earlier must accompany the motion. (Id., rule 3.1324(b).)¿¿¿ 

Discussion

Plaintiff seeks leave to file a Second Amended Complaint (“SAC”) with the following changes:

1)     Add new Defendants to the charging paragraphs.

2)     Paragraphs 3, 4, 5, 6 and 7 have been changed to add facts regarding alter ego and conspiracy.

3)     Paragraph 9 adds facts about Serebrisky, Gold, the Gold group, and Forward

4)     Add Exhibit 2, the 2017 closing statement, and Exhibit 3, the 2020 closing statement.

5)     Revisions to the First and Second Cause of Action.

6)     Change the Third Cause of Action to include all defendants and their part in the various fraud, concealment, and misrepresentations made to Plaintiff.

7)     Add an Eighth Cause of Action for Negligence.

A copy of the proposed SAC is attached as Exhibit 1 to the Motion.

Plaintiffs assert that the changes seek to add two Defendants and one new cause of action based on information obtained from subpoenaed documents. (Hom Decl. ¶ 3.) Plaintiff also represents that the Defendants will not be prejudiced.

As the motion remains unopposed and no prejudice is shown, Plaintiff’s Motion is GRANTED.

Conclusion

Plaintiffs Global Interactive Enterprises, Inc.’s and CHWD Ventures, LLC’s Motion for Leave to File a Second Amended Complaint is GRANTED. 

Moving party is ordered to give notice.