Judge: Stephen I. Goorvitch, Case: 21STCV23854, Date: 2023-10-24 Tentative Ruling

Case Number: 21STCV23854    Hearing Date: October 24, 2023    Dept: 39

Kimberly Hummer, et al. v. La Marquise, LLC, et al.

Case No. 21STCV23854

Motion for Leave to Amend

Plaintiffs seek leave to amend to add additional causes of action against Defendants.  Under Code of Civil Procedure section 473, subdivision (a)(1), the Court has wide discretion to allow either party to amend pleadings “upon any terms as may be just.”  (See Code Civ. Proc., § 473, subd. (a)(1).)  Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is liberally granted.  (Berman vs. Bromberg (1986) 56 Cal.App.4th 936, 945.)  “[I]t is an abuse of discretion for the court to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)  There is no prejudice with respect to this amendment, because trial is not until July 16, 2024, which means there is ample time to conduct discovery and prepare for trial.  Defendants do not oppose the motion.

Based upon the foregoing, the Court orders as follows:

1.         Plaintiffs’ motion for leave to amend is granted.

2.         Plaintiffs’ counsel shall file and serve the first amended complaint within ten days.

3.         Plaintiffs’ counsel shall provide notice and file proof of such with the Court.