Judge: Thomas D. Long, Case: 21STCV36875, Date: 2024-03-19 Tentative Ruling

Case Number: 21STCV36875    Hearing Date: March 19, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 8, 2023, Bahar Davidoff filed a cross-complaint against Yasaman Banayan, Manouchehr Banayan, and Roya Morovati.

On February 21, 2024, Davidoff filed a motion to leave to amend the cross-complaint.  No oppositions were filed.

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).)

Davidoff provides a copy of the proposed amended cross-complaint.  (Medioni Decl. ¶ 2 & Ex. 1.)  According to Davidoff, “[t]he proposed amendments are mostly predicated on the same general facts set forth alleged in the Cross-Complaint, as well as additional facts which substantiate and fully spell out the newly pled breach of lease and breach of guaranty causes of action.”  (Motion at p. 3.)  Discovery in the instant action is still ongoing; no depositions have been taken or set and no dispositive motions are pending.  (Medioni Decl. ¶ 13.)  Trial is not until October 28, 2024.  No party opposed the motion.

Because there is no showing of prejudice, the motion for leave to file an amended complaint is GRANTED.  Davidoff is ordered to file and serve the amended cross-complaint within 10 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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 19th day of March 2024