Judge: William A. Crowfoot, Case: 20STCV22480, Date: 2022-08-08 Tentative Ruling

Case Number: 20STCV22480    Hearing Date: August 8, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AARON WILLIAMS, et al.,

                   Plaintiff(s),

          vs.

 

JOSE ISABEL VIDA,

 

                   Defendant(s).

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CASE NO.: 20STCV22480
(Related with Case No. 21STCV46352)

 

 

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

 

Dept. 27

1:30 p.m.

August 8, 2022

 

On June 15, 2020, plaintiffs Aaron Williams and Laila William (collectively, “Plaintiffs”) filed this complaint against defendants Jose Vidal and Cal Cartage Transportation Express, LLC (collectively, “Defendants”) arising from an automobile accident that occurred on November 29, 2019.  Plaintiffs seek leave to file a First Amended Complaint naming Pauline Williams (‘William”) as a plaintiff and allowing her to assert loss of consortium damages.  Williams has filed her own action arising from the same accident and that the case has been deemed related to the instant one.

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.)

Plaintiffs attach a stipulation evidencing an agreement with Defendants to allow the filing of the First Amended Complaint.  Accordingly, the Court GRANTS Plaintiffs’ motion.  Plaintiffs are ordered to separately file their 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.