Judge: Thomas D. Long, Case: 20STCV29211, Date: 2022-09-29 Tentative Ruling

Case Number: 20STCV29211    Hearing Date: September 29, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 3, 2020, Brian Meckler, Ryan Greenup, Cody Blodgett, and Gilbert Torres filed this action against Mike Chavarrie and County of Los Angeles (“County”).

On November 24, 2020, Mike Chavarrie was dismissed as a defendant.

On June 14, 2021, the parties stipulated to the filing of a first amended complaint because two of the four plaintiffs had settled their claims, one defendant had been dismissed, and the remaining plaintiffs wished to add allegations regarding conduct that occurred after filing the action.  On June 17, 2021, Ryan Greenup and Gilbert Torres (collectively, “Plaintiffs”) filed a first amended complaint.

On July 27, 2021, the parties stipulated to the filing of a second amended complaint, which was filed on August 3, 2021.

On August 24, 2022, Plaintiffs filed a motion for leave to file a third amended complaint (“TAC”).

The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading.  (Code Civ. Proc., § 473, subd. (a)(1).)  A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleading are proposed to be deleted or added, if any, and where, by page, paragraph, and line number, the allegations are located.  (California Rules of Court, rule 3.1324(a).)  The motion shall also be accompanied by a declaration attesting to the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why the request for amendment was not made earlier.  (California Rules of Court, rule 3.1324(b).)

Torres seeks to add an eighth cause of action for violation of civil rights under the Fourteenth Amendment to the United States Constitution and under the California Constitution.  (Motion at pp. 2-4.)  Plaintiffs also seek to remove some allegations, add some words and phrases, and make formatting changes.  (See Motion at pp. 2-4.)  Plaintiffs identify the amendments by page and line number and provide a redlined copy of the proposed TAC.  (Baisch Decl., Ex. 1.)  Counsel explains that the cause of action arose only after the February 16, 2022 Skelly hearing, and Torres’s right to due process was denied only after the passage of a reasonable time.  (Baisch Decl. ¶ 11; see Gov Code. § 18671.1, subd. (b).)

Defendant County objects only to the addition of the eighth cause of action and its prayer for damages.  (Goldsmith Decl. ¶ 7.)  Defendant County argues that Torres cannot allege a violation of federal law based on a violation of his “Skelly right,” which is a right guaranteed through state law.  (Opposition at p. 3.)  Defendant County also argues that Torres cannot satisfy the requirements of Monell v. New York City Department of Social Services (1978) 436 U.S. 658 to hold it liable for an employee’s conduct.  (Id. at pp. 3-4.)  Finally, Defendant County argues that Torres must file another Government Claim Act claim for the new allegations.  (Id. at pp. 4-5.)  However, the Court does not ordinarily consider the validity of the proposed amended pleading when determining whether to grant leave to amend.  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)  And in reply, Torres provides a copy of his Government Claim Act claim and right-to-sue letter.  (Baisch Reply Decl., Exs. 1-2.)

Trial is not until September 5, 2023.  The parties have sufficient time to complete discovery on the new cause of action.  Because there is no showing of prejudice to Defendant County, the motion for leave to file a third amended complaint is GRANTED.  Plaintiffs are ordered to file and serve the TAC within 5 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 29th day of September 2022