Judge: Stephen P. Pfahler, Case: 22CHCV00618, Date: 2023-09-08 Tentative Ruling

Case Number: 22CHCV00618    Hearing Date: September 8, 2023    Dept: F49

Dept. F-49

Date: 9-8-23

Case # 22CHCV00618

Trial Date: Not Set

LEAVE TO AMEND

MOVING PARTY: Plaintiff, Peggy Loveman

RESPONDING PARTY: Unopposed/Defendants, Matthew Mina, et al.

RELIEF REQUESTED

Motion for Leave to File a Second Amended Complaint

SUMMARY OF ACTION

On May 10, 2021, plaintiff Peggy Loveman and defendants Matthew Mina, individually and dba Great White Builder, and Karnak Developments, Inc. (contractor defendants) entered into a contract for certain construction work at Plaintiff’s residence in Northridge. [Comp., Ex. 1.] Plaintiff alleges the contractor defendants improperly ceased work after payment of $76,000.

Defendant Business Alliance Insurance Company issued a 415,000 bond to the contractor defendants.

On August 9, 2022, Plaintiff filed a complaint for Breach of Contract, Fraud, Negligent Misrepresentation, and Breach of Implied Covenant of Good Faith and Fair Dealing. On January 30, 2023, Business Alliance Insurance Company answered the complaint. On January 31, 2023, Business Alliance Insurance Company filed a cross-complaint for Indemnity and Reimbursement (Declaratory Relief) against Mina and Primetime Construction. On March 27, 2023, without leave of court, Loveman filed a first amended complaint Breach of Contract, Fraud, Negligent Misrepresentation, and Breach of Implied Covenant of Good Faith and Fair Dealing.

On May 11, 2023, Department 47 recused itself. The action was transferred to Department 49.

RULING: Off-Calendar.

The motion lacks a proof of service of the motion as to appearing defendant Business Alliance Insurance Company. (Code Civ. Proc., § 1005, subd. (b).) While the contractor defendants Matthew Mina, individually and dba Great White Builder, and Karnak Developments, Inc. have not appeared in the action, Business Alliance Insurance is entitled to notice of the hearing. (Code Civ. Proc., § 1010.)

If Plaintiff establishes timely proof of service, Plaintiff may present it to the court at the time of the hearing. The court will take the motion under submission at that time, if applicable. Otherwise, Plaintiff may reset the hearing and serve the motion on any and all appearing parties.

Case Management Conference set for November 15, 2023.

Plaintiffs to give notice to all parties.