Judge: William A. Crowfoot, Case: 23AHCV02034, Date: 2025-05-13 Tentative Ruling

Case Number: 23AHCV02034    Hearing Date: May 13, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

This action arises from an alleged breach of a commercial lease (“Lease”) for the property known as 500 N. Atlantic Blvd., Unit 137, Monterey Park, California. Plaintiff/cross-complainant Atlantic Times Square X, LLC (“ATS”) seeks to recover unpaid rent from its tenant, defendant/cross-complainant Teletron Inc. (“Teletron”) while Teletron argues that ATS failed to maintain the shopping center’s premises and made it impossible for its business to operate.

Teletron’s operative First Amended Cross-Complaint asserts causes of action for breach of contract, constructive eviction, declaratory relief, and negligent interference with business relations. Teletron now moves for leave to file a Second Amended Cross-Complaint (“SACC”) that adds a cause of action for breach of the implied covenant of good faith and fair dealing against ATS. Teletron premises this new claim on ATS’s failing to maintain a “world-class” shopping center. (Motion, p. 3.)

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.)

Teletron’s motion fails to include the requisite declaration explaining 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. (CRC Rule 1.324(b).) While Teletron argues that the new cause of action is merely to “conform to proof”, is not premised on any new facts, and will not require any additional discovery, there is no explanation why a new cause of action is even needed. Teletron must articulate a need for the amendment and submit the declaration as required by the Rules of Court.

          Accordingly, the hearing on this motion is CONTINUED to ______ at 8:30 a.m. for Teletron to submit a supporting declaration.

Moving party to give notice.

Dated this 13th day of May 2025

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.