Judge: Theresa M. Traber, Case: 21STCV28269, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV28269    Hearing Date: April 7, 2023    Dept: 47

Tentative Ruling

 

Judge Theresa M. Traber, Department 47

 

 

HEARING DATE:     April 7, 2023              TRIAL DATE:  July 24, 2023

                                                          

CASE:                         Laura A. Lehan v. Greggory G. Tank, et al.

 

CASE NO.:                 21STCV28269           

 

MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

 

MOVING PARTY:               Plaintiff Laura A. Lehan, in pro per.

 

RESPONDING PARTY(S): Statement of Non-opposition filed by Defendants on 3/24/23

 

CASE HISTORY:

 

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

           

            This is a breach of contract action. Plaintiff claims that Defendant agreed to permit Plaintiff to reside at a piece of property in exchange for Plaintiff caring for Defendant’s personal needs as his helpmate and life partner.

 

Plaintiff moves for leave to file a first amended complaint.

 

TENTATIVE RULING:

 

            Plaintiff’s Motion for Leave to File a First Amended Complaint is DENIED without prejudice.

 

DISCUSSION

 

Plaintiff moves for leave to file a first amended complaint.

 

//

 

//

Legal Standard

 

The Court may, “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, . . . allow the amendment of any pleading.” (Code Civ. Proc. § 576.) A motion to amend a pleading before trial must meet the following requirements:

 

(a) Contents of motion

 

A motion to amend a pleading before trial must:

 

(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.

 

(b) Supporting declaration

 

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.

 

(CRC 3.1324.)

 

Contents of Motion

 

            Plaintiff has not included a copy of the proposed First Amended Complaint. Although the motion states that a proposed first amended complaint is included, no such document is attached to any of Plaintiff’s filings. The motion also does not state what allegations are proposed to be added or deleted by page, paragraph, or line number. The motion therefore does not comply with the requirements of Rule 3.1324(a).

 

Plaintiff’s Supporting Declaration

 

            As no proposed pleading is included with the motion, the Court cannot address whether Plaintiff’s supporting declaration adequately and accurately sets forth the effect of the amendments, nor why they are necessary and proper. Nor can the Court evaluate whether the declaration adequately shows when the facts giving rise to the amendments were discovered, nor why the request for amendment was not made earlier.

 

Had a proposed amended complaint been included, the Court would be inclined to find in Plaintiff’s favor, in light of Defendant’s stated non-opposition to the motion. However, without the proposed pleading, the Court cannot grant leave to amend on the record currently before it.

 

            Accordingly, Plaintiff’s Motion for Leave to File a First Amended Complaint is DENIED without prejudice.

 

            Moving Party to give notice.

                                                

IT IS SO ORDERED.

 

Dated:   April 7, 2023                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

 


            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.