Judge: William A. Crowfoot, Case: 20STCV43338, Date: 2022-09-14 Tentative Ruling

Case Number: 20STCV43338    Hearing Date: September 14, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 12, 2020, plaintiff Karen Sinfield filed this action against defendants Edward Adler and Priscilla Adler (collectively, “Defendants”) arising from a dog bite that occurred on August 25, 2020 by what appeared to be an Australian Cattle Dog.  (Compl., ¶ 9.)  On January 13, 2021, Defendants filed an answer.  On August 18, 2022, Plaintiff filed this motion for leave to file an amended complaint.  The proposed First Amended Complaint (“FAC”) would add Plaintiff’s son, Colton Sinfield (“Colton”), as a plaintiff.  Plaintiff seeks to add a fourth cause of action on behalf of Colton for negligent infliction of emotional distress (“NIED”), alleging that Colton suffered emotional distress when he witnessed the dog bite his mother. 

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 explains that she had hoped to settle Colton’s claims outside of court but that settlement now seems unlikely.  Plaintiff states that while Colton could wait until his 20th birthday to commence this case, filing the FAC to add Colton as a Plaintiff would be the interest of judicial economy. 

The motion is unopposed and Defendants will not be prejudiced by the filing of the FAC.  Plaintiff’s motion is GRANTED and Plaintiff is ordered to filed the proposed 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.