Judge: William A. Crowfoot, Case: 23AHCV01968, Date: 2024-11-08 Tentative Ruling

Case Number: 23AHCV01968    Hearing Date: November 8, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

This action was originally filed on August 28, 2023, by plaintiff Raul Hernandez (“Plaintiff”). The original complaint only named Aryuh Industries LLC as a defendant and Plaintiff alleged he sustained injuries resulting from a motor vehicle accident when a portable restroom, which was not properly secured, came loose and struck Plaintiff’s vehicle. Plaintiff filed a First Amended Complaint on July 7, 2024, which added Aryh Portable Restrooms LLC as a defendant.  No defendant has yet appeared in this action. Now, Plaintiff moves for leave to file a Second Amended Complaint which adds Mario Chavez as a plaintiff and Misael Hernandez-Delgado as a defendant.

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.)

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).)

Plaintiff includes a copy of the proposed pleading and specifies the proposed changes as well as their effect. Plaintiff’s counsel declares that “[a]fter the First Amended Complaint was filed, further investigation of the case uncovered a new defendant, MISAEL HERNANDEZ-DELGADO, as well as a new Plaintiff, MARIO CHAVEZ, who signed-up to be represented by Plaintiff’s counsel.” (Murphy Decl., ¶ 4.) Plaintiff’s counsel also declares that “Lizbeth Vargas” has since reached the age of majority and is now an adult. (Murphy Decl., ¶ 5.) Since there is no party (or proposed party) named Lizeth Vargas, the Court assumes that this averment was included in error.

Plaintiff’s counsel’s declaration only vaguely describes “when the facts giving rise to the amended allegations were discovered” as required by CRC 1.324. However, given that none of the defendants have appeared, none will be prejudiced by the proposed amendments. Accordingly, Plaintiff’s motion is GRANTED. Plaintiff is ordered to file the proposed Second Amended Complaint within 5 court days of the date of this Order.

Moving party to give notice.

Dated this 8th day of November 2024

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.