STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JESUS ANTONIO DONADO CRUZ

Tentative Rulings

Case Number: 19STLC00661    Hearing Date: July 07, 2020    Dept: 25

MOTION FOR LEAVE TO AMEND PLEADING

(CCP § 576; CRC Rule 3.1324 )

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is GRANTED. Plaintiff is ordered to file the proposed first amended complaint within seven (7) days of this Order. Plaintiff should also serve a conformed copy of the first amended complaint on Defendant.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 6, 2020 [ ] Late [X] None

REPLY: None filed as of July 6, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On January 18, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Jesus Antonio Donado Cruz (“Defendant”). On April 18, 2019, Defendant filed an Answer.

On October 9, 2019, Plaintiff filed the instant Motion for Leave to File a First Amended Complaint (the “Motion”). Plaintiff also filed a Stipulation to Amend Plaintiff’s Complaint signed by both parties.

On February 24, 2020, the Court continued the hearing because Plaintiff’s Motion was unclear as to when the additional facts that necessitated an amended complaint were discovered. (2/24/20 Minute Order.) Thus, the Court ordered Plaintiff to provide a supplemental declaration providing those details. (Id.) On April 3, 2020, Plaintiff filed the requested declaration.

To date, no opposition or reply briefs have been filed.

1. Legal Standard

Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a), and section 576. The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.)

A motion to amend pleadings must include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines of the allegations that would be deleted and added, and (3) a supporting declaration. (Cal. Rules of Court, rule 3.1324, subds. (a), (b).) The supporting declaration must specify the effect of the amendment, the necessity and propriety of the amendment, the date of discovery of facts that gave rise to the need to file an amendment, and any reasons for delay. (Id., subd. (b)(1)-(4).) (Italics added.)

1. Discussion

Plaintiff seeks to amend the amount of damages it suffered, from $15,200.45 to $15,955.18. (Mot., p. 3.) As previously noted, Plaintiff has submitted a copy of its proposed First Amended Complaint and identified the pages and line numbers where the proposed changes are located. (Mot., Alemi Decl., ¶ 8, Exh. 8.) In addition, the supporting declaration states the effect of the amendment would include additional damages of $754.73 and that the additional damages cover property damage payments made to Plaintiff’s insured as a result of the underlying motor vehicle accident. (Mot., Alemi Decl., ¶ 6.) In the supplemental declaration, Plaintiff’s counsel states Plaintiff made the additional payments of $754.73 to its insured in late August 2019. (4/3/20 Dorr Decl., ¶ 7.) Plaintiff’s counsel was notified of the additional payments and the need to amend the Complaint on or around September 10, 2019. (4/3/20 Dorr Decl., ¶ 7.)

The Court is satisfied with the supplemental papers and finds that Plaintiff has satisfied California Rules of Court, rule 3.1324. Defendant has not opposed the instant Motion and the Court discerns no prejudice to Defendant in granting it.

1. Conclusion & Order

Given the policy of great liberality in permitting amendments, and the reasons stated, the unopposed Motion is GRANTED. Plaintiff is ordered to file the proposed first amended complaint within seven (7) days of this Order. Plaintiff should also serve a conformed copy of the first amended complaint on Defendant.

Moving party is ordered to give notice.

Case Number: 19STLC00661    Hearing Date: February 24, 2020    Dept: 25

MOTION FOR LEAVE TO AMEND PLEADING

(CCP § 576; CRC Rule 3.1324 )

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is CONTINUED TO APRIL 29, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

ANALYSIS:

1. Background

On January 18, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Jesus Antonio Donado Cruz (“Defendant”). On April 18, 2019, Defendant filed an Answer.

On October 9, 2019, Plaintiff filed the instant Motion for Leave to File a First Amended Complaint (the “Motion”). Plaintiff also filed a Stipulation to Amend Plaintiff’s Complaint signed by both parties. To date, no opposition or reply briefs have been filed.

1. Legal Standard

Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a), and section 576. The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.)

A motion for to amend pleadings must include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a supporting declaration. (Cal. Rules of Court, rule 3.1324, subds. (a), (b).) The supporting declaration must specify the effect of the amendment, the necessity and property of the amendment, the date of discovery of facts that gave rise to the need to file an amendment, and any reasons for delay. (Id., subd. (b)(1)-(4).) (Italics added.)

1. Discussion

Here, Plaintiff seeks to amend the amount of damages it suffered, from $15,200.45 to $15,955.18. (Mot., p. 3.) Plaintiff has submitted a copy of its proposed First Amended Complaint and identified the pages and line numbers where the proposed changes are located. (Mot., Alemi Decl., ¶ 8 and Exh. 8.) In addition, the supporting declaration states the effect of the amendment would include additional damages of $754.73 and that the additional damages cover property damage payments made to Plaintiff’s insured as a result of the underlying motor vehicle accident. (Mot., Alemi Decl., ¶ 6.) However, it is unclear when Plaintiff discovered the additional damages as it only states that the Motion was filed “as soon as reasonably possible” and “shortly after Plaintiff’s counsel became aware of the additional property damage payments.” (Id. at ¶ 7.) Thus, Plaintiff has not satisfied the requirements of California Rules of Court, rule 3.3124, subdivision (b).

Accordingly, Plaintiff is ordered to file a supplemental declaration specifying when it discovered the additional damages and the reasons for delay, if any.

1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is CONTINUED TO APRIL 29, 2020  at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.