Judge: Teresa A. Beaudet, Case: 21STCV04269, Date: 2022-10-20 Tentative Ruling

Case Number: 21STCV04269    Hearing Date: October 20, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff 290 Beowawie LLC (“Plaintiff”) filed this action on February 2, 2021. On July 19, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Indinero Inc., Jessica Mah, Andy Su aka Andrew Su aka Dizhe Su, Employees First Advocates LLC, and Pry Financials Inc., asserting causes of action for (1) breach of contract, (2) relief against avoidable transfers and/or obligations, (3) breach of fiduciary duty, (4) quia timet, and (5) unjust enrichment.

Plaintiff now moves for leave to file a second amended complaint. No opposition to the motion was filed.   

Discussion

Pursuant to Code of Civil Procedure section 473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after commencement of trial. (Code Civ. Proc., § 576.) “[T]he court’s discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [internal citations omitted].) “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….” (Morgan v. Superior Court of Los Angeles County (1959) 172 Cal.App.2d 527, 530.) Prejudice includes “delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.)

A motion to amend a pleading before trial must include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments. (Cal. Rules of Court, rule 3.1324, subd. (a).) The motion must also state what allegations are proposed to be deleted or added, by page, paragraph, and line number. (Ibid.) Finally, 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.” (Cal. Rules of Court, rule 3.1324, subd. (b), emphasis added.)

The Court finds that Plaintiff has complied with all of the procedural requirements of Cal. Rules of Court, rule 3.1324, subdivision (b).

Conclusion

Based on the foregoing, Plaintiff’s motion for leave to file a second amended complaint is granted.  Plaintiff must file and serve the second amended complaint within 5 days of the date of this Order.

Plaintiff is ordered to give notice of this Order.

DATED:  October 20, 2022                           ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court