Judge: Steven A. Ellis, Case: 20STCV19707, Date: 2023-11-07 Tentative Ruling

Case Number: 20STCV19707    Hearing Date: November 7, 2023    Dept: 29

Tentative

The motion is GRANTED.

Background 

On May 26, 2020, Plaintiff Renee Agnew filed a complaint against Defendants Jensen Enterprises, Inc., Jensen Precast, and Does 1 to 50 for premises liability and general negligence arising from a slip and fall incident in June 2018.

On June 12, 2023, Plaintiff filed the instant motion for leave to amend complaint.  No opposition has been filed.

Trial is set for June 27, 2024.

Legal Standard 

The court may grant leave to¿amend¿the pleadings at any stage of the action.  (Code Civ. Proc., § 473, subd. (a).)  A party may discover the need to¿amend¿after all pleadings are completed (the case is “at issue”) and new information requires a¿change in the nature of the claims or defenses previously pleaded.  (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) 

“The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.  Leave to amend should be denied only where the facts are not in dispute, and the nature of the plaintiff’s claim is clear, but under substantive law, no liability exists and no amendment would change the result.”  (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428, internal quotation marks and citations omitted.) Courts apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.)  Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, added costs of preparation, or an increased burden of discovery.  (See Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488 [trial court’s denial of leave to amend was proper where those factors were present].)  If the delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails.  (See Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565 [describing same].) 

A motion for leave to amend 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, subdivision (a).)  

Further, a separate declaration must accompany the motion and must specify the following: (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 reasons why the request for amendment was not made earlier.  (Cal. Rules of Court, rule 3.1324, subdivision (b).)  

Discussion 

Here, Plaintiff seeks an order granting leave to amend her complaint, filed on May 26, 2020. 

Plaintiff seeks only to add a products liability cause of action against defendant Jensen Enterprises, Inc. upon facts already alleged in the complaint and to add allegations naming the defendants that were substituted in place of DOES to the premises liability and general negligence allegations of paragraphs 2, 5(c), Prem.L-2, Prem.L-4, Prem.L-5 and GN-1.  The Court finds that Plaintiff complied with the requirements of rule 3.1324, subdivisions (a) and (b).  Further, as no opposition has been filed, there appears to be no prejudice to any party from granting the motion.  Therefore, Plaintiff’s motion is GRANTED since it is in proper form and there are no countervailing interests. 

Conclusion 

Based on the foregoing, Plaintiff Renee Agnew’s Motion for Leave to Amend Complaint is GRANTED.

Plaintiff is granted leave to file the First Amended Complaint, attached to the moving papers, within 10 days of this order.

Moving party to give notice.