Judge: Thomas D. Long, Case: 23STCV09475, Date: 2024-05-09 Tentative Ruling

Case Number: 23STCV09475    Hearing Date: May 9, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 27, 2023, Plaintiff G.B. filed this action against Defendant Los Angeles Unified School District.  On June 30, 2023, Defendant filed an answer.  On March 18, 2024, Defendant filed a motion for leave to file an amended answer.  Plaintiff did not oppose the motion.

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).)

Defendant provides a redlined copy of the proposed amended answer showing all amendments.  (Hicks Decl., Ex. 2 [“Amended Answer”].)  Defendant seeks to add an affirmative defense under Education Code section 44808, which provides immunity for off-campus conduct.  Defendant first learned of this defense on November 2, 2023, when Defendant conducted Plaintiff’s deposition.  (Hicks Decl. ¶ 3.)  Plaintiff testified that the abuse occurred off-campus.  (Hicks Decl. ¶ 3 & Ex. 1 [deposition excerpts].)  The amendment is necessary and proper to ensure Defendant’s due process right to allege and try an affirmative defense.  (Hicks Decl. ¶ 4.)

The unopposed motion is GRANTED.  Defendant is ordered to file and serve the amended answer 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.  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 9th day of May 2024