Judge William A. Crowfoot, Case Number: 24NNCV01623, Date: 2024-12-20 Tentative Ruling

Judge: William A. Crowfoot, Case: 24NNCV01623, Date: 2024-12-20 Tentative Ruling

On May 15, 2024, plaintiff 5623 Peck Road, LLC (“Plaintiff”) filed this action seeking damages to a commercial property located at 5623 Peck Road, Arcadia, CA 91006 (the “Premises”). On October 15, 2024, Plaintiff filed this motion for leave to file a First Amended Complaint (“FAC”).

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 FAC adds Cultiva Group and Qirong Lin (“Lin”) as defendants. By way of background, Cultiva Group and Lin were named in a prior unlawful detainer action (LASC Case No. 23AHCV01071) as the tenants of the Premises pursuant to a 5-year lease, from October 20, 2021, to November 30, 2026. (Green Decl., ¶ 2-4.) Plaintiff eventually obtained a judgment for possession and monetary damages against Cultiva Group and Lin on October 16, 2023. (Green Decl., ¶ 3.) On February 24, 2024, Plaintiff obtained full possession of the premises. (Green Decl., ¶ 5.) While conducting a judgment debtor exam on March 11, 2024, Plaintiff discovered different parties who sublet the Premises in 2023 without its authorization and inflicted substantial damage to the Premises. (Green Decl., ¶ 6.) Thus, this action was filed against those unauthorized sublessees on May 15, 2024. (Green Decl., ¶ 7.)
The proposed FAC adds Cultiva Group and Lin as defendants and causes of action for breach of contract and breach of personal guarantee. Plaintiff’s counsel declares that the Premises remained vacant despite attempts to re-lease them. (Green Decl., ¶¶ 8-9.) Plaintiff entered into a month-to-month lease with another tenant on May 3, 2024, for significantly reduced rent, but this tenant vacated the Premises on September 30, 2024. (Green Decl., ¶ 9.) Therefore, the proposed FAC seeks to recover unpaid rent during the period that the Premises remained vacant. (Green Decl., ¶¶ 10-11.)

Plaintiff’s motion includes a copy of the FAC identifying the proposed changes. The motion was brought two weeks after the replacement tenant vacated the premises on September 30, 2024, and could not have been brought earlier. Also, the motion is unopposed and it does not appear that any prejudice will result from the granting of this motion. Accordingly, the motion is GRANTED. Plaintiff is ordered to file the proposed FAC within 5 days of the date of this Order.

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.