Judge: Thomas D. Long, Case: 24STCV26699, Date: 2025-04-08 Tentative Ruling

Case Number: 24STCV26699    Hearing Date: April 8, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 14, 2024, Plaintiff Irving Juarez filed this action against Defendant Tesla Inc.

On February 27, 2025, 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).)

Plaintiff identifies all amendments in the motion and also provides a copy of the proposed FAC.  (Banayan Decl., Ex. B.)  Plaintiff seeks to add a federal non-Song-Beverly cause of action in light of the October 31, 2024 decision in Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189.  (Banayan Decl. ¶ 3.)  The proposed amendments “add the federal provision for the same recovery – the Magnusson-Moss Warranty Act – which does not have the same limitations for used vehicles.”  (Banayan Decl. ¶ 3.)  The proposed amendments do not enlarge the factual scope of this case, and no oppositions were filed.

Because there is no showing of prejudice, the motion for leave to file an amended complaint is GRANTED.  Plaintiff is ordered to file and serve the FAC within ten 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 8th day of April 2025