Judge: Steven A. Ellis, Case: 23STCV14619, Date: 2024-01-11 Tentative Ruling

Case Number: 23STCV14619    Hearing Date: February 15, 2024    Dept: 29

Motion for Leave to File Supplemental Complaint filed by Plaintiffs Joedamian Franco, Jr., Monica Alvarado, Jenitcy Franco, a minor, by and through Guardian Ad Litem, Monica Alvarado.

Tentative

The motion is granted.

Background

Plaintiffs Joedamian Franco, Jr., Monica Alvarado, Jenitcy Franco, a minor, by and through Guardian Ad Litem, Monica Alvarado (“Plaintiffs”) filed their complaint on June 22, 2023, against Devin Gaston, and Does 1 to 25 for the causes of action (1) General Negligence and Motor Vehicle Negligence, based on a motor vehicle accident on September 3, 2021.

On October 5, 2023, Plaintiffs filed this motion for leave to file a Supplement Complaint. No opposition has been filed as no proof of service has been filed, and Defendant has not yet appeared in this matter.

The hearing was originally set for January 11, 2024, but was continued to February 15, 2024. No additional filings were made in the interim.

Legal Standard

CCP § 464(a) provides: “The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.” Further, “[u]pon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code.” (CCP § 464(c).)

Discussion

Plaintiff seeks leave to supplement their complaint as Plaintiff Jenitcy Franco, who was a minor when the Complaint was filed, has reached the of majority. (Won Decl., ¶ 2(a).) A supplemental complaint is necessary to remove the allegations of minority of Plaintiff Jenitcy. (Id., ¶ 2(d).) Further, this supplemental complaint will correct a typographical error in the naming of Plaintiff Monica Alvarado, as her name is misspelt in the original complaint. (Id., ¶ 4.) Plaintiff includes a copy of the proposed supplemental complaint. (Exhibit A.)

No opposition has been filed as no Defendant has appeared in this matter.

Plaintiffs have shown good cause for the motion.  Accordingly, Plaintiffs’ motion for leave to file supplemental complaint is GRANTED.

Conclusion

Accordingly, Plaintiffs’ motion for leave to file supplemental complaint is GRANTED.

The Court GRANTS LEAVE to Plaintiffs to file the supplemental complaint attached to their moving papers within 10 days.

Moving Party is to give notice.