Judge: Steven A. Ellis, Case: 21STCV46714, Date: 2025-04-09 Tentative Ruling

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Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
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ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 21STCV46714    Hearing Date: April 9, 2025    Dept: 29

Edwards v. Minniti
21STCV46714
Plaintiffs’ Motion for Leave to File Amended Complaint

Tentative

The motion is granted.

Background

On December 22, 2021, Alexa Edwards and Ella Edwards, by and through their guardian ad litem Rick Edwards, and Fatuma Edwards (collectively “Plaintiffs”) filed a complaint against Gerald Minniti, Leslie Minniti, Tails on the Trails, L.A., and Does 1 through 50 for strict liability, negligence, and negligent infliction of emotion distress arising out of an incident in which, Plaintiffs allege, a dog attacked Alexa Edwards on December 27, 2019.

On September 25, 2023, Defendants Gerald Minniti and Leslie Minniti filed an answer.

On November 14, 2023, the Court, on the request of Plaintiffs, dismissed Defendant Leslie Minniti.

On December 8, 2023, the Court, on the request of Plaintiffs, dismissed Defendant Tails on Trails, L.A.

On March 6, 2025, Plaintiff filed this motion for leave to file an amended complaint. On March 17, 2025, Joseph Gerald Minniti (“Defendant”) filed an opposition. On April 7, 2025, Plaintiffs filed a reply.

Legal Standard

Code of Civil Procedure section 472, subdivision (a), provides “[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.”

Code of Civil Procedure section 473, subdivision (a)(1), provides, in relevant part:  “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.” 

“This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.)  Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature.  The court, however, does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment.  (See California Casualty General Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281, overruled on other grounds by Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390.)

Under California Rules of Court, rule 3.1324(a), a motion to amend a pleading shall (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.  Rule 3.1324, subdivision (b) requires that a separate declaration must accompany the motion and must specify (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. 

Even if a good amendment is proposed in proper form, a long, unwarranted and unexcused delay in presenting it may be a good reason for denial.  In most cases, the factors for timeliness are: (1) lack of diligence in discovering the facts or in offering the amendment after knowledge of them; and (2) the effect of the delay on the adverse party.  If the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the judge has discretion to deny leave to amend.  (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.)  Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, or added costs of preparation such as an increased burden of discovery.  (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488.)

Discussion

Plaintiffs seek leave to file a first amended complaint to add a claim for punitive damages. Plaintiffs attach a copy of the proposed amended complaint to the motion. (Exhs. B & C.) Plaintiffs have further included in changes that are to be made in the pleading. The Court finds that the procedural requirements have been satisfied (and Defendant does not argue otherwise).

Defendant opposes the motion on the ground that the proposed amended complaint fails to allege sufficient facts to support the claim for punitive damages. On a motion for leave to amend, a court need not, and in this situation the Court does not, rule on the merits of the proposed amendment.

In light of the liberal standard for amending pleadings, the Court grants the motion.  The ruling is without prejudice as to any defenses that Defendant may have to the request for punitive damages.

Conclusion

The Court GRANTS Plaintiffs motion for leave to amend.

The Court GRANTS Plaintiffs LEAVE to file the First Amended Complaint attached to the moving papers by no later than April 18, 2025.

Moving Party to give notice.