Judge: William A. Crowfoot, Case: 19STCV24372, Date: 2022-08-30 Tentative Ruling

Case Number: 19STCV24372    Hearing Date: August 30, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RICHARD CORVERA,

                   Plaintiff(s),

          vs.

 

PRESTON COLE, LLC, et al.,

 

                   Defendant(s).

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      CASE NO.: 19STCV24372

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT  

 

 

Dept. 27

1:30 p.m.

August 30, 2022

 

          On July 10, 2019, Plaintiff Richard Corvera (“Plaintiff”) filed this action against Defendants Preston Cole, LLC, Socal Biofuel, Inc., and Does 1 to 100 for negligence and premises liability arising from an incident that occurred on or about July 23, 2017.  Plaintiff alleges he was riding his motorcycle through a parking lot area in University Plaza when his motorcycle slipped on a large grease spill on the asphalt and fell sideways, crashing onto the asphalt and causing harm to Plaintiff.  Plaintiff subsequently filed amendments to complaint, substituting in Westridge Commercial, Inc.; Curry Up; Caitano Francisco Vaz; Grand Natural, Inc.; One More Time, Inc.; Tacos Gourmet Simply Fresh, Inc.; and LSW Enterprises, LLC for Does 1, 3, 4, 6, 7, 8, and 10, respectively.

          On June 20, 2022, Plaintiff filed this motion for leave to amend complaint.  No opposition has been filed.

          The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect.  (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.  (Cal. 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.  (Cal. Rules of Court, rule 3.1324(b).)

          Plaintiff seeks leave to file a First Amended Complaint to add parties and plead specific facts as to these parties, as well as to correct errors.  Plaintiff provides that the deposition of the person most knowledgeable for Southern California Biofuel was taken on December 3, 2021 and that Preston Cole LLC and Westridge Commercial Inc. hired Southern California Biofuel, One More Time, Inc. and Grand Natural, Inc. to pick up the used cooking grease and clean out the grease traps for all the restaurants located at the University Plaza.  Plaintiff explains he is seeking leave to add the specific restaurant owners at the University Plaza at the time of the incident and facts upon which they contribute to the neglected overflow of the grease storage containers and exacerbated the spillage to overflow into the parking lot areas.  Plaintiff also seeks to correct the address number for the University Plaza where the incident took place.  Plaintiff explains that amendment to the complaint was not sought until now because Plaintiff was further investigating the added Doe defendants.

          Plaintiff has complied with CRC Rule 3.1324.  Further, allowing Plaintiff to file the proposed FAC would be in furtherance of justice and would not prejudice defendants.  No opposition has been filed contending otherwise.

Based on the foregoing, Plaintiff’s motion for leave to amend complaint is GRANTED.

Plaintiff is ordered to file the First Amended Complaint within 5 days of the date of this order.

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.