Judge: Timothy B. Taylor, Case: 37-2022-00007889-CU-PA-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00007889-CU-PA-CTL SOUZA VS ROBERTS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 07/28/2023

Tentative Ruling on Plaintiff's Motion for Leave to File Amended Complaint Souza v. Roberts, Case No. 2022-7889 Sept. 15, 2023, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture.

This case was originally filed in March of 2022 on the Judicial Council form designed for automobile negligence cases. The plaintiff alleged that after he exited defendant's vehicle, 'he reached into the window to retrieve his jacket, when defendant accelerated and pulled away... [causing] his vehicle to negligenlty (sic) strike the plaintiff's head on the window frame, and he suffered orthopedic and dental injuries.' Defendant answered through counsel appointed by his automobile insurance carrier in August of 2022.

ROA 15. The court held a CMC and set the case for trial in August of 2023. ROA 20-24. So far, so good.

Plaintiff now seeks to amend the complaint to change the thrust of the case into one more resembling a kidnapping. ROA 37. The new focus is on the 90 minutes preceding plaintiff's exit from defendant's vehicle, and his claim that he repeatedly asked defendant to let him out because he (defendant) was intoxicated and driving erratically. The court first heard about this at an ex parte hearing on August 2, 2023 (just days before the scheduled TRC). ROA 35-36.

Following a candid discussion with counsel, the court vacated the TRC and trial date and set a CMC to follow the hearing on the motion for leave to amend. ROA 42-47. Defendant has filed opposition to the motion for leave to amend. ROA 54. The court has reviewed the papers, and no further submissions are authorized in connection with this motion.

2. Applicable Standards.

Pursuant to Code of Civil Procedure 473(a), the trial court has wide discretion to allow the amendment of pleadings. This discretionary power must be exercised liberally at all stages of the proceeding by permitting amendments which will facilitate the interests of justice and resolve all disputed issues.

Edwards v. Superior Court (2001) 93 Cal.App.4th 172, 180. In fact, '[t]he policy favoring amendment is Calendar No.: Event ID:  TENTATIVE RULINGS

2991079  34 CASE NUMBER: CASE TITLE:  SOUZA VS ROBERTS [IMAGED]  37-2022-00007889-CU-PA-CTL so strong that it is a rare case in which denial of leave to amend can be justified.' Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. 'Leave to amend should be denied only where the facts are not in dispute, and the nature of the plaintiff's claim is clear, but under substantive law, no liability exists and no amendment would change the result.' Edwards, 93 Cal.App.4th at 180. Such motions are governed by CRC 3.1324.

3. Discussion and Ruling.

The motion for leave to file a first amended complaint is granted.

Although it is unclear when exactly plaintiff became aware of the underlying facts giving rise to the amendment, defendant has failed to make a sufficient showing of prejudice. The trial date was recently vacated, no dispositive motions are pending, and discovery remains open. '[A]bsent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail.' Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163. Moreover, issues surrounding the merits of the new punitive damages claim can be addressed via an appropriate pleadings challenge, an evidentiary-based motion, or at trial. See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.

Plaintiff must file and serve the FAC by September 25, 2023.

4. CMC.

The court will re-set the case for trial after hearing from counsel about the disruption and additional work this will create.

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