Judge: William A. Crowfoot, Case: 21STCV28687, Date: 2022-08-30 Tentative Ruling

Case Number: 21STCV28687    Hearing Date: August 30, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

BRENDA LIZBET CONTRERAS PEREZ, et al.,

                   Plaintiff(s),

          vs.

 

JOSE GUILLERMO QUIROZ,

 

                   Defendant(s),

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      CASE NO.: 21STCV28687

 

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

 

Dept. 27

1:30 p.m.

August 30, 2022

 

I.       INTRODUCTION

          On August 4, 2021, Plaintiffs Brenda Lizbet Contreras Perez and Evelyn Rodriguez (collectively, “Plaintiffs”) filed this action against Defendants Jose Guillermo Quiroz (“Jose”) and Julissa V. Quiroz (“Julissa”).

On January 7, 2022, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). On January 12, 2022, Plaintiffs filed an amendment naming Emiliano Quiroz (“Emiliano”) as Doe 1. Plaintiffs’ motion was denied on February 17, 2022, because the proposed pleading did not conform with Plaintiffs’ claimed amendments.

On March 17, 2022, Plaintiffs filed another motion for leave to file an amended complaint which the Court denied because the proposed pleading again did not reflect Plaintiffs’ purported changes.

On April 18, 2022, Plaintiffs filed another motion for leave to file an amended complaint which the Court denied because the pleading failed to state a claim for punitive damages.

On July 1, 2022, Plaintiffs filed the instant unopposed motion for leave to file an amended complaint.

II.      LEGAL STANDARDS

CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” 

Judicial policy favors resolution of all disputed matters between the parties and, therefore, the courts have held that “there is a strong policy in favor of liberal allowance of amendments.” (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-97; see also Ventura v. ABM Industries, Inc. (2013) 212 Cal.App.4th 258, 268) [“Trial 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 where the adverse party will not be prejudiced.”].)

Pursuant to CRC 3.1324(a), a motion to amend must: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered; and (2) state what allegations are proposed to be deleted from or added to the previous pleading and where such allegations are located.  CRC 3.1324(b) requires a separate declaration that accompanies the motion, stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reason why the request for amendment was not made earlier. 

III.     DISCUSSION

          The Court finds the procedural requirements of CRC 3.1324. Plaintiff seeks to amend his pleading to add a party, specific emotional distress damages to the allegations, a cause of action for intentional tort, and prayer for punitive damages.

          The motion is unopposed.

          Accordingly, the motion is GRANTED.

IV.     CONCLUSION

The motion is GRANTED.

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.