Judge: William A. Crowfoot, Case: 21STCV08984, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV08984    Hearing Date: September 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ROBERT OROZCO,

                   Plaintiff(s),

          vs.

 

COUNTY OF LOS ANGELES, et al.,

 

                   Defendant(s).

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      CASE NO.: 21stcv08984

 

[TENTATIVE] ORDER RE: DEFENDANT CITY OF LA CAN~ADA FLINTRIDGE’S MOTION FOR LEAVE TO FILE AMENDED ANSWER

 

Dept. 27

1:30 p.m.

September 22, 2022

 

On March 8, 2021, plaintiff Robert Orozco (“Plaintiff”) filed this action against defendants City of La Cañada Flintridge (“Defendant”) and County of Los Angeles after sustaining injuries near a hiking trail.  On April 12, 2021, Defendant filed an answer.  On October 29, 2021, Defendant filed a cross-complaint against Plaintiff’s employer, Natures Image, Inc. (“Nature”) for express indemnity.  

On August 24, 2022, Defendant filed this motion to file an amended answer.  The motion is unopposed.  

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.  (Cal. Civ. Proc. Code § 473(a)(1).)  “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court, 213 Cal. App. 3d 1045, 1047 (1989).)

A motion to amend a pleading must include a copy of the proposed amendment or amended pleading and must state what allegations in the previous pleading are proposed to be deleted or added.  (Cal. R. of Court 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. R. of Court 1.324(b).)

The proposed amended answer adds one affirmative defense of “Employer Negligence” and argues that Plaintiff’s employer, Nature, caused and contributed to Plaintiff’s injuries.  The amended answer also removes twelve affirmative defenses that Defendant has deemed inapplicable or unnecessary.  No opposition brief was filed and the Court finds no prejudice to any party will result from this amendment. 

Defendant’s motion is GRANTED.  Defendant is ordered to file its proposed answer within 5 days of the date of this action.

 

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.