Judge: Walter P. Schwarm, Case: 30-2018-00965109, Date: 2023-08-08 Tentative Ruling

Plaintiff’s (Audrey Degenhardt) Motion for Leave to File Third Amended Complaint (Motion), filed on 2-14-23 under ROA No. 240, is CONTINUED to 9-5-23 at 9:00 a.m. in Department C32.

California Rules of Court, rule 3.1324 states in part, “(a) Contents of Motion [¶] A motion to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; [¶] (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. [¶] (b) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the amendment; [¶] (2) Why the amendment is necessary and proper; [¶] (3) When the facts giving rise to the amended allegations were discovered; and [¶] (4) The reasons why the request for amendment was not made earlier.” (Emphasis in Cal. Rules in Court, rule 3.1324.)

Here, Plaintiff has not complied with the requirement to file a copy of the proposed amended pleading. On 7-11-23 under ROA No. 255, Plaintiff filed a copy of the first page of the proposed Third Amended Complaint. Plaintiff did not file a copy of the entire proposed Third Amended Complaint.

Therefore, the court CONTINUES Plaintiff’s (Audrey Degenhardt) Motion for Leave to File Third Amended Complaint, filed on 2-14-23 under ROA No. 240, to 9-5-23 at 9:00 a.m. in Department C32.

Court Clerk is to give notice.