Rachel Nigro et al vs Santa Barbara Eyecare Inc et al

Case Number

24CV02213

Case Type

Hearing Date / Time

Fri, 09/05/2025 - 10:00

Nature of Proceedings

CMC; Motion for Leave

Tentative Ruling

On April 25, 2025, plaintiffs Rachel Nigro and James Nigro filed their motion for leave to file a second amended complaint against defendants Santa Barbara Eyecare, Inc., Sean Saadat, and Douglas Katsev. The motion is opposed by defendant Saadat on the grounds that the proposed amendment lacks legal support and that the plaintiffs violate Code of Civil Procedure section 425.13 by including a claim for punitive damages against a health care provider without an order from the court. In reply, plaintiffs dispute Saadat’s assertions, argue that there is no prejudice, and submit a second proposed second amended complaint omitting punitive damages.

There is no trial date now set in this action and no prejudice has been shown. To the extent that Saadat asserts that the claims in the proposed second amended complaint are legally unsupported, the preferred approach is to permit the filing of the amended complaint and to address the issue by appropriate challenge to the pleadings. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.) The issue raised as to section 425.13 has been addressed and mooted by plaintiffs’ omitting any claim for punitive damages from their (now second) proposed second amended complaint.

Plaintiffs’ motion for leave to file a second amended complaint is granted. Plaintiffs shall file and serve a clean copy of their second amended complaint, substantially in the form of the second proposed second amended complaint on or before September 22, 2025.