Judge: Theodore R. Howard, Case: 21-1210205, Date: 2022-09-15 Tentative Ruling

Defendant/Cross-Complainant, Holly Mallick’s (“Defendant”) Motion for Leave to File an Amended Cross-Complaint is CONTINUED to October 20, 2022, at 1:30 p.m. in this department.

Pursuant to CCP § 473(a)(1), “[t]he court may… 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…”

There appears to be good cause to grant the relief requested on the merits. However, the motion is procedurally defective. A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (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.  (Cal. Rules Ct., rule 3.1324(a).)

Defendant has failed to comply with the above procedural requirements. Although the Motion sets forth the proposed changes to be made to the original pleading and includes a declaration from counsel explaining why the amendment is necessary at this time (see Declaration of Brian J. Wagner, ¶¶ 4-7), the moving papers do not include a copy of the proposed amended pleading. 

Accordingly, the Court continues the motion to the above date to permit Defendant an opportunity to comply with CRC 3.1324.

Defendant is to file the proposed amended pleading at least 9 court days prior to the hearing. 

Defendant to give notice of this ruling.