Judge: William A. Crowfoot, Case: 23AHCV00659, Date: 2023-08-22 Tentative Ruling


Case Number: 23AHCV00659    Hearing Date: January 11, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

PASEO PASADENA HOTEL INVESTMENT, LLC,

                   Plaintiff(s),

          vs.

 

ONNI CAPITAL, LLC, et al.,

 

                   Defendant(s).

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      CASE NO.: 23AHCV00659

 

[TENTATIVE] ORDER RE: PLAINTIFF PASEO PASADENA HOTEL INVESTMENT, LLC’S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

 

Dept. 3

8:30 a.m.

 

 

          Plaintiff Paseo Pasadena Hotel Investment, LLC (“Plaintiff”) seeks leave to file a Second Amended Complaint (“SAC”).

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).) 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).)

          The motion’s caption page states that the Declaration of Carla Christofferson and proposed Second Amended Complaint are concurrently-filed, but no copy of the proposed pleading is attached as required by CRC 3.1324.)

Defendants Onni Capital LLC and Onni Paseo LLC filed a declaration from its attorney, Ryan T. Waggoner, who states that Defendants do not oppose Plaintiff filing a Second Amended Complaint and, in fact, sent a letter to Plaintiff’s counsel on December 12, 2023, stating their willingness to stipulate to the filing of one. However, Plaintiff’s counsel has yet to respond to Defendants’ offer or follow-up correspondence.

In light of the incomplete motion, the Court DENIES the motion without prejudice. Given Defendants’ willingness to stipulate, the Court suggests that the parties meet and confer to submit a signed stipulation and proposed pleading in order to avoid the need for (and expense of) a noticed motion and hearing.

Moving party to give notice.

Dated this 11th day of January 2024

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

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.