Maria Teresa Alcantara, CPA vs Ensign Services Inc et a
Maria Teresa Alcantara, CPA vs Ensign Services Inc et a
Case Number
23CV05084
Case Type
Hearing Date / Time
Mon, 05/05/2025 - 10:00
Nature of Proceedings
CMC; Motion: Leave to File FAC
Tentative Ruling
On November 17, 2023, plaintiff Maria Teresa Alcantara filed the original complaint in this action asserting 10 causes of action, including causes of action under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.), against defendants Ensign Services, Inc. (Ensign Services), and Powers Park Healthcare, Inc., dba Channel Islands Post Acute (PPH). On July 10, 2024, defendant PPH filed its answer to the complaint generally denying the allegations thereof and asserting 46 affirmative defenses. Defendant Ensign Services has not yet appeared in this action.
On February 19, 2025, plaintiff filed this motion for leave to file a first amended complaint. PPH opposes the motion as improper.
As an initial matter, this motion may be superfluous because, in general, a plaintiff may file a first amended complaint as of right. “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed ….” (Code Civ. Proc., § 472, subd. (a).) The filing of an answer by one co-defendant does not cut off a plaintiff’s right to file a first amended complaint under section 472, subdivision (a), where there are other co-defendants. (Barton v. Khan (2007) 157 Cal.App.4th 1216, 1221.) In any case, however, there is no prejudice to defendants in permitting the filing of this amendment. Objections as to the viability of any claim as pleaded in the first amended complaint are best addressed by demurrer or other appropriate procedural vehicle. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.)
The motion for leave to file a first amended complaint is granted. Plaintiff shall file the first amended complaint, in substantially the same form as attached to the motion, on or before May 12, 2025, with proof of service on parties who have appeared in this action. The first amended complaint will need to be served in the manner provided by law on parties who have not yet appeared.