Alexandro Filippini vs Ray Mahboob et al

Case Number

22CV03015

Case Type

Hearing Date / Time

Fri, 11/01/2024 - 10:00

Nature of Proceedings

CMC; Motion for Leave

Tentative Ruling

Plaintiff is seeking leave to file a first amended complaint, adding causes of action and naming as direct defendants parties who are already in this action as cross-defendants. His motion contends that a change in the law and information obtained in discovery have caused him to determine that amendment of his complaint is necessary.

Oppositions have been filed by the cross-defendants who plaintiff seeks to add as direct defendants, asserting various arguments why the court should not permit plaintiff to file his amended complaint. However, given the extraordinary liberty with which trial courts are required to treat requests to file amended pleadings (see, e.g., Howard v. County of San Diego (2010) 184 Cal.app.4^th 1422, 1428; and Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158), and the authority provided for amendment of pleadings set forth in Code of Civil Procedure sections 473 and 576, among other authorities, the Court has determined that it is appropriate to grant leave to allow plaintiff to file his First Amended Complaint.

Plaintiff is directed to separately file his First Amended Complaint forthwith. To the extent that any party named as a defendant in the First Amended Complaint believes that it is deficiently pleaded, that party is free to pursue any appropriate pleading challenge after the First Amended Complaint has been filed.