Judge: Steven J. Kleifield, Case: 19STCV26194, Date: 2023-04-11 Tentative Ruling
Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.
Case Number: 19STCV26194 Hearing Date: April 11, 2023 Dept: 57
The Court's tentative decision is to allow Jordan Downs leave to amend to file its third amended complaint, which would name Ernesto Vasquez as a new defendant in the action. It does not appear that Jordan Downs's claims against Vasquez are barred by the applicable statute of limitations, which, in the Court's view is three years. Further, SVA's reliance on the "relation back" doctrine and Code of Civil Procedure Section 583.210 is misplaced. Additionally, the Court has concluded that Jordan Downs did not delay unreasonably in seeking leave to amend to add Vasquez. And the Court is mindful that leave to amend should generally be liberally granted.
Jordan Downs shall file and serve is third amended complaint within 14 days from today's hearing.
