Judge: Theresa M. Traber, Case: 24STCV24621, Date: 2025-04-24 Tentative Ruling

Case Number: 24STCV24621    Hearing Date: April 24, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 24, 2025                        TRIAL DATE: NOT SET

CASE:                         Theresa Burton, et al. v. Wish Automotive III, Inc., et al.

CASE NO.:                 24STCV24621           

MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

MOVING PARTY:               Plaintiffs Theresa and Alyson Burton

RESPONDING PARTY(S): No response on eCourt as of April 21, 2025

CASE HISTORY:

·         09/23/24: Complaint filed.

·         10/28/24: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a Consumer Legal Remedies and fraud action. Plaintiffs allege that Defendant fraudulently induced Plaintiffs into leasing a Nissan Leaf.

Plaintiffs move for leave to file a Second Amended Complaint.

TENTATIVE RULING:

Plaintiffs’ Motion for Leave to File a Second Amended Complaint is DENIED.

DISCUSSION:

Plaintiffs move for leave to file a Second 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

            Plaintiffs attached a clean copy of the proposed amended complaint to the motion as Exhibit 1 as required by Rule of Court 3.1324(a)(1). Plaintiffs’ Motion does not identify the proposed changes by page, paragraph and line number in the motion itself. However, Plaintiffs have furnished the Court with a redlined copy of the proposed amendment which clearly identifies all additions, deletions, and substitutions. (See Plaintiffs’ Exh. 2.) Plaintiffs have therefore substantially complied with Rule 3.1324 subdivisions (a)(2) and (a)(3), and therefore substantial compliance with subdivision (a) as a whole.

Supporting Declaration

            The supporting Declaration of Plaintiffs’ counsel, Robert F. Brennan, is almost wholly non-compliant with the requirements of Rule 3.1324(b). The declaration describes the effect of the proposed amendments—identifying a new Defendant, describing that new party’s conduct, and asserting new causes of action—in compliance with Rule 3.1324(b)(1). (Declaration of Robert F. Brennan ISO Mot. ¶ 3.) However, Plaintiffs have entirely neglected to explain why the proposed amendments are necessary and proper, when the facts giving rise to the amendments were discovered, and why leave to amend was not sought sooner. Plaintiffs have therefore failed to comply with Rule 3.1324 subdivision (b)(2) through (b)(4). On this meager record, the Court cannot grant leave to amend.

CONCLUSION:

Accordingly, Plaintiffs’ Motion for Leave to File a Second Amended Complaint is DENIED.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  April 24, 2025                                    ___________________________________

                                                                                    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.