Judge: William A. Crowfoot, Case: 20STCV10904, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV10904    Hearing Date: August 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 17, 2020, plaintiff Jerome Christopher Hamilton (“Plaintiff”) filed this action against defendant Venice Breeze Suites, LLC (“Defendant”) alleging he sustained serious injuries on December 14, 2019, when a defective soap dish collapsed and fractured while he was in the bathtub.  On June 1, 2022, Plaintiff filed a request to dismiss Defendant from this action without prejudice.  On June 3, 2022, Plaintiff filed this motion for leave to file a first amended complaint (“FAC”) which will identify the correct address of the accident and the correct name of the defendant, Venice Suites.   

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).)  “Public policy dictates that leave to amend be liberally granted.”  (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.)  “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial . . . this policy should be applied only ‘where no prejudice is shown to the adverse party.’  [Citation].  A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown.  [Citation.]”  (Magpali v. Farmers Group, Inc. (1996) 47 Cal.App.4th 1024, 487.)

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 1.324(b).) 

Plaintiff includes the required proposed pleading and explains the amended pleading is necessary after Defendant served verified discovery responses and it was determined that the address and entity named in the Complaint was incorrect.  Accordingly, the motion for leave to file the FAC is GRANTED.  Plaintiff is ordered to file the FAC 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.