Judge: Thomas D. Long, Case: 21STCV40237, Date: 2023-10-03 Tentative Ruling

Case Number: 21STCV40237    Hearing Date: October 3, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 1, 2021, Plaintiff Simon Parsakar filed this action against Defendant Shlomo Meiri for breach of lease.  Plaintiff later substituted Adriana Sahar LLC for Doe 1 and Adriana Sahar Meiri for Doe 3.

On August 28, 2023, Plaintiff filed a motion for leave to file a first amended complaint.

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).)

Plaintiff identifies the proposed amendments and provides a copy of the FAC.  (Motion at pp. 1-2; Shakouri Decl. ¶ 5, Ex. A.)  The FAC adds alter ego allegations against Defendants Adriana Sahar Meiri and Adriana Sahar LLC, and it adds eight causes of action.  The new causes of action are additional legal theories for recovery of the same damages (unpaid rent) alleged in the original Complaint.  Counsel’s declaration does not state when the facts giving rise to the amended allegations were discovered or why the request for amendment was not made earlier.  (See California Rules of Court, rule 3.1324(b).)  However, the motion is unopposed and there is no showing of prejudice.

Because there is no showing of prejudice, the unopposed motion for leave to file an amended complaint is GRANTED.  Plaintiff is ordered to file and serve the FAC within five 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 3rd day of October 2023