Allan Krebs, Jayme Lee Misfeldt vs Serious Energy, Scott Morgan, Pacific Coast Companies, et al

Case Number

20CV03288

Case Type

Hearing Date / Time

Wed, 03/12/2025 - 10:00

Nature of Proceedings

Motion for Leave to File a First Amended Complaint

Tentative Ruling

Plaintiffs: James Devine

Defendant Chatsworth Area Building Materials: David Shimkin

Defendant Scott Morgan: Phillip Chan

Defendants PABCO Building Products, Pacific Coast Companies: Daniel Yanagihara, Carlos Poza

Defendant Serious Energy: Brian Dunn

Cross Complainant Chatsworth Area Building Materials: Ronald Bevins

Cross Complainant PABCO: Daniel Yanagihara, Carlos Poza

Cross Defendants PABCO Building Products, Pacific Coast Companies: Daniel Yanagihara, Carlos Poza

Cross Defendant Serious Energy: Brian Dunn

RULING

The motion is GRANTED. The Court confirms the Trial Date of 7/30/25 at 11:30am in this department and the MSC date of 6/27/25 in Department #5 at 8:30am. Do not stipulate to continue the dates; the case was filed 10/8/2020.

Analysis

Filed 12/18/24 and set for 3/12/25; is an unopposed motion for leave to file a FAC. (a) The amendments remove Defendants who are no longer in Plaintiffs’ action, (b) the amendments clarify when Plaintiffs discovered the damage to the framing members in the subject residence, (c) the amendments do not change any of Plaintiffs’ causes of action, (d) the amendments are consistent with Plaintiffs’ original complaint on file herein, and (e) there is no prejudice to any of the Defendants.