Judge: William A. Crowfoot, Case: 22AHCV00915, Date: 2023-04-06 Tentative Ruling

Case Number: 22AHCV00915    Hearing Date: April 6, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

          On October 26, 2022, plaintiff Jane Doe filed this action against defendants alleging 14 causes of action for discrimination, sexual battery, sexual assault, gender violence, retaliation, intentional and negligent infliction of emotional distress, negligent supervision and failure to warn, train, or educate, and wrongful termination. 

          On January 12, 2023, Plaintiff filed the First Amended Complaint in which she named the following defendants: Genesis Health Care LLC, Sava Senior Care LLC, Sava Senior Care Administration Services, LLC, Kaiser Permanente fka SSC Tarzana Operating Company LP dba Tarzana Health and Rehabilitation Center, Kaiser Permanente International, SSC Tarzana Operating Company LP, SCPMG Partnership, Ingrid Scantlbury, Janette Tuazon, Suzanne Davini, and Monica Calhoun. 

          On January 31, 2023, Plaintiff dismissed Genesis Healthcare, Kaiser Permanente, Kaiser Permanente International, and SCPMG Partnership.  On March 8, 2023, Plaintiff filed this unopposed motion for leave to file a Second Amended Complaint (“SAC”).  The proposed amendment will add Tarzana Post Acute LLC and Sun Mar Nursing Center as defendants. Plaintiff also requests that the SAC be deemed filed and served as of the date this motion is granted.

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 471, 487.)

          Plaintiff’s counsel, Olivia Uzan, declares that they was unaware that Tarzana Post Acute LLC and Sun Mar Nursing Center were proper defendants until they received documents from former defendants Genesis Healthcare, Kaiser Permanente, and SCPMG Partnership.  It is alleged in the SAC that Tarzana Post Acute LLC and Sun Mar Nursing Center, along with the other previously named defendants, held supervisory authority over Plaintiff’s employment.  (SAC, ¶¶ 4-5.) 

          Plaintiff’s unopposed motion for leave to file an amended complaint is GRANTED.  Plaintiff is ORDERED to file the SAC separately within 5 court 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 ALHDEPT3@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.

Dated this 6th day of April 2023