Judge: William A. Crowfoot, Case: 22STCV02077, Date: 2022-09-19 Tentative Ruling

Case Number: 22STCV02077    Hearing Date: September 19, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

COLLEEN MEEKS,

                   Plaintiff(s),

          vs.

 

MB2 RACEWAY, INC.,

 

                   Defendant(s).

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      CASE NO.: 22STCV02077

 

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

 

Dept. 27

1:30 p.m.

September 19, 2022

 

On January 19, 2022, plaintiff Colleen Meeks filed this action against defendant MB2 Raceway, Inc. alleging that she sustained injuries in a go-kart.  On March 15, 2022, Plaintiff filed a First Amended Complaint.  On August 15, 2022, Plaintiff filed this motion for leave to file a second amended complaint (“SAC”) which withdraws her prayer for punitive damages.  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.  (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.) 

Plaintiff explains that the proposed SAC only deletes her prayer for punitive damages and that this amendment is appropriate after meeting and conferring with Defendant about the facts of the case.  Accordingly, Plaintiff’s unopposed motion is GRANTED and Plaintiff is ordered to file her Second 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.