Judge: Steven A. Ellis, Case: 21STCV32608, Date: 2023-11-06 Tentative Ruling
Case Number: 21STCV32608 Hearing Date: November 6, 2023 Dept: 29
TENTATIVE
Defendant
City’s Motion for Leave to File an Amended Answer is GRANTED.
Background
Plaintiff tripped and fell on a dangerous
uprooted portion of a walkway in the City of Los Angeles. On September 2, 2021, Plaintiff filed a
complaint against Defendants City of Los Angeles and County of Los Angeles.
On October 22, 2021, Defendant City of Los
Angeles filed an answer to the original Complaint.
On June 3, 2022, Plaintiff filed a First
Amended Complaint against Defendants City of Los Angeles and Paramount Pictures
Corp. alleging (1) Government Entity Negligence (GC §835); (2) negligence; and
(3) premises liability.
On September 29, 2023, City of Los Angeles
filed the instant motion for leave to file a First Amended Answer. No opposition has been filed as of November
1, 2023.
Legal Standard
“A party may amend its pleading once without leave of the court at any
time before the answer, demurrer, or motion to strike is filed, or after a
demurrer or motion to strike is filed but before the demurrer or motion to
strike is heard if the amended pleading is filed and served no later than the
date for filing an opposition to the demurrer or motion to strike.” (CCP §472.)
“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.” (CCP §473(a)(1).)
The policy favoring amendment is so strong that it is a rare case in
which denial of leave to amend can be justified: "If the motion to amend is timely made
and the granting of the motion will not prejudice the opposing party, it is
error to refuse permission to amend; and, where the refusal also results in a
party being deprived of the right to assert a meritorious cause of action or a
meritorious defense, it is not only error but an abuse of discretion." (Morgan v. Sup.Ct. (1959) 172
Cal.App.2d 527, 530 (emphasis added).)
Courts are bound to 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 or added costs of preparation, increased
burden of discovery, etc. (Magpali v.
Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488.) Delay alone is insufficient grounds for
denial of leave of amend. If the delay
in seeking the amendment has not misled or prejudiced the other side, the
liberal policy of allowing amendments prevails. Indeed, it is an abuse of
discretion to deny leave in such a case even if sought as late as the time of
trial. (Higgins v. Del Faro
(1981) 123 Cal.App.3d 558, 564-565.)
Discussion
Defendant City attaches the proposed amended answer as Exhibit A to the
declaration of defense counsel and shows sufficient cause for the amendment. (Motion, Gonzalez Dec., ¶¶ 2-3, Ex. A.) No oppositions have been filed and no one
claims prejudice if leave to amend were granted. The trial date is set for April 16, 2024,
approximately six months away. The
amended answer only includes one additional affirmative defense. (Id.)
Under these circumstances, good cause is shown to grant the motion.
Defendant City’s motion for leave to file an amended answer is GRANTED.
Conclusion
The Court GRANTS
Defendant City’s Motion for Leave to File an Amended Answer.
Defendant
City is given leave to file and serve the amended answer submitted with the
moving papers within 10 days of this order.
Moving party
is ordered to give notice.