Judge: Theresa M. Traber, Case: 22STCV11140, Date: 2023-02-17 Tentative Ruling

Case Number: 22STCV11140    Hearing Date: February 17, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     February 17, 2023                 TRIAL DATE: NOT SET

CASE:                         Melissa Zartar v. Arsin Ghazanchian

CASE NO.:                 22STCV11140           

MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Melissa Zartar

RESPONDING PARTY(S): No response on eCourt as of 2/14/23

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract filed on April 1, 2022. Plaintiff alleges that Defendant defaulted on the terms of a loan agreement.

Plaintiff moves for leave to file a first amended complaint.

DISCUSSION AND TENTATIVE RULING:

Plaintiff moves for leave to file a first amended complaint.

Code of Civil Procedure section 472 permits a party to amend its pleading once without leave of court at any time before an answer, demurrer, or motion to strike is filed. (Code Civ. Proc. § 472.) Defendant has not yet appeared in this action, and no answer, demurrer, or motion to strike has been filed in this action. Thus, under Code of Civil Procedure section 472, Plaintiff may amend her Complaint as of right, without first obtaining leave to amend. This motion is therefore not necessary for Plaintiff to secure the relief desired.

Accordingly, Plaintiff’s motion for leave to file a first amended complaint is DENIED without prejudice to Plaintiff’s right to seek leave to amend after the period to amend as of right has elapsed.

Plaintiff may file a first amended complaint before a responsive pleading has been filed, per code, without seeking leave to do so from this Court.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  February 17, 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.