Judge: Thomas D. Long, Case: 22STCV29121, Date: 2023-12-12 Tentative Ruling

Case Number: 22STCV29121    Hearing Date: December 12, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

OLIVIA NERVO, et al.,

                        Plaintiffs,

            vs.

 

CHRIS NEARY, et al.,

 

                        Defendants.

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      CASE NO.: 22STCV29121

 

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT

 

Dept. 48

8:30 a.m.

December 12, 2023

 

On September 1, 2023, Plaintiffs Olivia Nervo and Miriam Nervo filed this unlawful detainer action against Defendants Chris Neary and Tuere McCall.  Possession is no longer at issue because Defendants vacated the property in December 2022.  (Kellener Decl. ¶ 4.)

On November 7, 2023, Plaintiffs filed a motion for leave to file a supplemental complaint.  Defendants did not file an opposition.

A plaintiff may move to file a supplemental complaint that alleges material facts occurring after the prior complaint was filed.  (Code Civ. Proc., § 464, subd. (a).)  Permission to file  supplemental complaint is in the trial court’s discretion, “‘provided it is in furtherance of and consistent with the original complaint and is not a new or independent cause of action.’”  (Lincoln Property Co., N.C., Inc. v. Travelers Indemnity Co. (2006) 137 Cal.App.4th 905, 916.)

Plaintiffs seek to supplement their complaint with additional amounts owed for rent and property damage that accrued after the complaint was filed.  (See Kellener Decl. ¶¶ 4-5.)  These new facts about increased damages are consistent with the original complaint and do not add any new legal theories or causes of action.

Accordingly, the motion for leave to file a supplemental complaint is GRANTED.  Plaintiffs are ordered to file their supplemental complaint within 10 days and ordered to serve the supplemental complaint within 30 days of issuance of the supplemental summons.

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 12th day of December 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court