Judge: Thomas D. Long, Case: 24STCV06803, Date: 2024-11-05 Tentative Ruling

Case Number: 24STCV06803    Hearing Date: November 5, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 19, 2024, Plaintiff Commercial Scaffolding of California Inc. filed this action against Defendants Second Baptist Church of Los Angeles and U.S. Small Business Administration.  Plaintiff later dismissed U.S. Small Business Administration.  On August 22, 2024, Plaintiff filed a motion for leave to file a first amended complaint (“FAC”).

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).)  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.)

Plaintiff identifies the amendments and provides a copy of the proposed FAC.  Plaintiff seeks to correct the address for the mechanic’s lien and remove now-dismissed U.S. Small Business Administration as a defendant.  Plaintiff discovered the incorrect address on July 11, 2024 and has recorded a corrected lien.  The amendment is necessary to ensure the correct property address and the current parties.  (See Amended Boruszewski Decl.)

Because there is no showing of prejudice, the unopposed motion for leave to amend the complaint is GRANTED.  Plaintiff is ordered to file and serve the FAC 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 5th day of November 2024