Judge: Theresa M. Traber, Case: 23STCV19794, Date: 2024-03-13 Tentative Ruling

Case Number: 23STCV19794    Hearing Date: March 13, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 13, 2024                      TRIAL DATE: NOT SET

CASE:                         Breanna Williams v. Medical management International, Inc. d/b/a Banfield Pet Hospital, et al.

CASE NO.:                 23STCV19794           

MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Breanna Williams

RESPONDING PARTY(S): No response on eCourt as of 3/8/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for disability discrimination and retaliation that was filed on August 18, 2023. Plaintiff alleges that Defendants failed to provide accommodations for Plaintiff’s work-related injury.

Plaintiff moves for leave to file a first amended complaint pursuant to a joint stipulation between the parties.

TENTATIVE RULING:

Plaintiff moves for leave to file a first amended complaint pursuant to a joint stipulation between the parties.

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.) Here, Plaintiff states that the parties met and conferred between January 11, 2024 and February 2, 2024 concerning the allegations in the Complaint with respect to Defendant Katherine Gordon in advance of a possible demurrer to the Complaint. (Declaration of Amy G. Zavidow ISO Mot. ¶¶ 4-6, Exhs. 3-4.) The parties executed a stipulation to permit filing of the First Amended Complaint, deem the proposed First Amended Complaint filed and served as of the date of this order, and provide Defendants 20 days to serve and file their responsive pleadings. (Zavidow Decl. Exh. 5.) The proposed First Amended Complaint is attached to the stipulation. (Id.)

As all parties agree about the propriety of a First Amended Complaint, the Court finds good cause to permit leave to amend.

Accordingly, Plaintiff’s Motion for Leave to File a First Amended Complaint is GRANTED as modified below.

Plaintiff is ordered to file a clean stand-alone copy of the First Amended Complaint within five days of this order. The First Amended Complaint will be deemed served on the date of filing.

Defendants shall serve and file their answer, demurrer, or other responsive pleading within 20 days of the date of service of the First Amended Complaint.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  March 13, 2024                                  ___________________________________

                                                                                    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.