Judge: Theresa M. Traber, Case: 23STCV25004, Date: 2024-09-03 Tentative Ruling

Case Number: 23STCV25004    Hearing Date: September 3, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     September 3, 2024                 TRIAL DATE: NOT SET

CASE:                         Concepts In Time, LLC v. Capital Logistics & Warehousing West, Inc., et al.

CASE NO.:                 23STCV25004           

MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Concepts In Time, LLC

RESPONDING PARTY(S): No response on eCourt as of 08/27/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for fraud and breach of contract that was filed on October 12, 2023. Plaintiff contracted with Defendants for the storage of Plaintiff’s goods based on representations that Defendants’ warehouse had adequate storage space. Plaintiff alleges that Defendants relocated the goods to the warehouse parking lot, where they were subsequently destroyed by fire.

Plaintiff moves for leave to file a First Amended Complaint.

TENTATIVE RULING:

Plaintiff’s Motion for Leave to File a First Amended Complaint is GRANTED.

Plaintiff is ordered to file a clean, standalone copy of the First Amended Complaint within 10 days of this order.

DISCUSSION:

Plaintiff moves for leave to file a First Amended Complaint.

Legal Standard

The 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.” (Code Civ. Proc. § 473(a)(1); see also § 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.

(Cal. Rules of Court rule 3.1324.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) 

Contents of Motion

            Plaintiff did not attach a clean copy of the proposed amended complaint to the motion itself, as required by Rule of Court 3.1324(a)(1). Instead, the proposed amended pleading is attached as Exhibit 1 to the Declaration of Evan Pitchford in support of the Motion. That said, as that Declaration was filed and served alongside the motion itself, the Court finds that Plaintiff has substantially complied with Rule 3.1324(a)(1). Plaintiff has also specified the proposed additions and deletions by page, paragraph, and line number, as required by Rule of Court 3.1324(a)(2) and (a)(3). In addition, Plaintiff has provided a redline copy of the proposed amended complaint demonstrating the revisions. (Declaration of Evan Pitchford ISO Mot. Exh. 2.) Plaintiff has therefore demonstrated compliance with the requirements for the motion itself under Rule 3.1324(a).

Supporting Declaration

            The supporting Declaration of Plaintiff’s counsel, Evan Pitchford, as required by Rule 3.1324(b)(1), states that the effect of the proposed amendments is to name the warehouse landlord and other affiliated entities as Defendants, provide further details pertaining to Plaintiff’s damages, and allege additional facts regarding the improper storage of goods and attendant alleged violations. (Pitchford Decl. ¶ 4.) Plaintiff’s counsel states that these amendments are essential to the complete resolution of this suit. (Id.) The Court considers allegations providing further facts and naming additional related entities to be necessary and proper amendments on their face, such that Plaintiff has complied with Rule 3.1324(b)(2). Plaintiff’s counsel states that the involvement of the landlord, 22000 Opportunity Way, LP, was discovered in March 2024 when counsel for Defendants provided a copy of the warehouse lease. (Pitchford Decl. ¶ 5.) The involvement of the other entities was discovered from Attorney Pitchford’s July 2024 review of invoice and warehouse pricing documents naming these entities. (Id.) According to Attorney Pitchford, the attorney principally involved in this matter was involved in an accident in March 2024 and became unable to work. (Id. ¶ 6.) Current counsel began work on this case in April 2024, and Attorney Pitchford states that it took “some time” to acclimate to the case. (Id.) Attorney Pitchford also states that the parties repeatedly met and conferred throughout July 2024 regarding an amended pleading, but have not been able to finalize an agreement. (Id. ¶ 7.) The Court finds that Plaintiff has adequately explained when the facts giving rise to the amendments were discovered and why the request was not made earlier, as required by Rule 3.1324(b)(3) and (b)(4).

            As Plaintiff has complied with all the procedural requirements for this motion, the Court finds good cause to permit Plaintiff to file a First Amended Complaint with the proposed revisions.

CONCLUSION:

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

Plaintiff is ordered to file a clean, standalone copy of the First Amended Complaint within 10 days of this order.

Moving Party to give notice.

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IT IS SO ORDERED.

Dated: September 3, 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.