Judge: Theresa M. Traber, Case: 22STCV00274, Date: 2023-01-18 Tentative Ruling

Case Number: 22STCV00274    Hearing Date: January 18, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 18, 2023                   TRIAL DATE: August 1, 2023

CASE:                         Ingrid Mantar v. Lotte Global Food, Inc.

CASE NO.:                 22STCV00274           

MOTION FOR LEAVE TO AMEND COMPLAINT

MOVING PARTY:               Plaintiff Ingrid Mantar

RESPONDING PARTY(S): No response on eCourt as of 1/12/23

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for employment discrimination, retaliation, wrongful termination, and wage and hour violations that was filed on January 4, 2022.

Plaintiff moves for leave to file an amended complaint.

TENTATIVE RULING:

Plaintiff’s Motion for Leave to Amend the Complaint is GRANTED.

Plaintiff is to file and serve a First Amended Complaint within 10 days of the date of this order.

DISCUSSION:

Plaintiff moves for leave to file an 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 included a copy of the proposed first amended complaint attached to the motion. (Plaintiff’s Exh. 5.) Plaintiff has therefore complied with California Rule of Court 3.1324(a)(1). Plaintiff’s motion indicates which allegations are proposed to be added or deleted by page, paragraph, and line number, as required by California Rule of Court 3.1324(a)(2) and (a)(3). Plaintiff has also attached a redlined copy of the proposed amended pleading. (Plaintiff’s Exh. 4.) 

            The Court therefore finds that Plaintiff has complied with the requirements for the motion itself.

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Supporting Declaration

The declaration of Carina Miller in support of the motion does not set forth any of the information required to be included in a supporting declaration. However, the body of the motion states that the purpose of the amendments is to add new causes of action for wage and hour claims as a result of the recent California Supreme Court case Naranjo v. Spectrum Services, Inc. (2022) 509 P.3d 956. In that case, our Supreme Court held that, when an employer does not provide an employee with statutorily-required meal and rest periods, it owes the employee additional pay, which is considered wages that must be reported in wage statements and paid upon termination. (Id. at 975.) Plaintiff contends that the facts of this case entitle Plaintiff to pursue wage and hour claims under Naranjo. The Court finds that this statement substantially satisfies the requirements for the supporting declaration, as it states the purpose of the amendment, why the amendment is necessary and proper, when the relevant facts were discovered, and why the request was not made earlier, as required by Rule 3.1324(b).

As Plaintiff has substantially complied with the requirements of Rule 3.1324, the Court will allow Plaintiff leave to amend the Complaint.

CONCLUSION:

Accordingly, Plaintiff’s Motion for Leave to Amend the Complaint is GRANTED.

Plaintiff is to file and serve a First Amended Complaint within 10 days of the date of this order.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: January 18, 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.