Judge: William A. Crowfoot, Case: 22STCV17046, Date: 2022-12-13 Tentative Ruling

Case Number: 22STCV17046    Hearing Date: December 13, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SCOTT REEVES, et al.,

                   Plaintiff(s),

          vs.

 

GOLDMAN PROPERTY GROUP, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 22STCV17046

 

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO AMEND NAME OF PLAINTIFF YOLANDA MELENDEZ

 

Dept. 27

1:30 p.m.

December 13, 2022

 

 

On October 18, 2022, Plaintiffs Scott Reeves and Yolanda Reeves (“Ms. Reeves”) (erroneously named as “Yolanda Melendez”) filed this motion for leave to amend the Complaint.  Plaintiffs’ attorney declares that he improperly and inadvertently named Ms. Reeves as “Yolanda Mendez” and “Yolanda Melendez” in the Complaint and wishes to correct the pleading to reflect her actual name.  (Agnello Decl., ¶¶ 2-3.) 

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).)

Although the motion is unopposed and the Court does not find that any prejudice would result from the proposed amendment, no proposed amended pleading is attached to the motion for the Court to approve.  Accordingly, the motion is DENIED without prejudice.

 

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.