This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 22:51:34 (UTC).

JAMES WARE JR VS CALIFORNIA DEPARMTENT OF CORRECTIONS AND RE

Case Summary

On 12/20/2017 JAMES WARE JR filed an Other - Writ Of Mandamus lawsuit against CALIFORNIA DEPARMTENT OF CORRECTIONS AND RE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JAMES C. CHALFANT and SAMANTHA JESSNER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1831

  • Filing Date:

    12/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Writ Of Mandamus

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JAMES C. CHALFANT

SAMANTHA JESSNER

 

Party Details

Plaintiff and Petitioner

WARE JAMES JR.

Defendant and Respondent

CALIFORNIA DEPARTMENT OF CORRECTIONS AND

Interested Party

PEOPLE OF THE STATE OF CALFIORNIA

Attorney/Law Firm Details

Defendant Attorney

CHUNG CHARLES

 

Court Documents

NOTICE OF MOTION AND MOTION FOR A CONTINUANCE FOR TRIAL SETTING CONFERENCE

4/3/2018: NOTICE OF MOTION AND MOTION FOR A CONTINUANCE FOR TRIAL SETTING CONFERENCE

REQUEST FOR CONTINUANCE AND INQUIRY ABOUT THE NOTICE OF COURTCALL CONFERENCE REQUEST

6/1/2018: REQUEST FOR CONTINUANCE AND INQUIRY ABOUT THE NOTICE OF COURTCALL CONFERENCE REQUEST

Minute Order

7/26/2018: Minute Order

DECLARATION

8/6/2018: DECLARATION

DECLARATION

8/6/2018: DECLARATION

NOTICE ; CHANGE OF ADDRESS

8/28/2018: NOTICE ; CHANGE OF ADDRESS

NOTICE PROOF OF DUE DILIGENCE ATTEMPT TO SERVE CDCR WITH SUMMONS AND COMPLAINT VIA PROCESS SERVICE OF SACRAMENTO COUNTY SHERIFF'S DEPARTMENT

8/28/2018: NOTICE PROOF OF DUE DILIGENCE ATTEMPT TO SERVE CDCR WITH SUMMONS AND COMPLAINT VIA PROCESS SERVICE OF SACRAMENTO COUNTY SHERIFF'S DEPARTMENT

Minute Order

9/7/2018: Minute Order

"FILED": STOMP FOR THE SUMMONS & COMPLAINT ALSO, THE PROOF OF SERVICE SUMMONS AND COMPLAINT FOR THE ABOVE ENTITLED MATTER

9/19/2018: "FILED": STOMP FOR THE SUMMONS & COMPLAINT ALSO, THE PROOF OF SERVICE SUMMONS AND COMPLAINT FOR THE ABOVE ENTITLED MATTER

Declaration

10/16/2018: Declaration

Unknown

11/20/2018: Unknown

Request for Judicial Notice

12/7/2018: Request for Judicial Notice

Request

1/2/2019: Request

Notice of Ruling

2/27/2019: Notice of Ruling

Minute Order

1/10/2018: Minute Order

NOTICE OF MOTION AND MOTION TO CHANGE VENUE PURSUANT TO CCP SECTIONS 170-170.6

1/10/2018: NOTICE OF MOTION AND MOTION TO CHANGE VENUE PURSUANT TO CCP SECTIONS 170-170.6

NOTICE OF CHANGE OF ADDRESS

1/3/2018: NOTICE OF CHANGE OF ADDRESS

SUMMONS

12/20/2017: SUMMONS

35 More Documents Available

 

Docket Entries

  • 02/27/2019
  • at 09:00 AM in Department 61; Hearing on Demurrer - without Motion to Strike - Held - Motion Denied

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  • 02/27/2019
  • at 09:00 AM in Department 61; Hearing on Motion for Judgment on the Pleadings - Held

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  • 02/27/2019
  • Certificate of Mailing for (Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...) of 02/27/2019); Filed by Clerk

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  • 02/27/2019
  • Minute Order ( (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)); Filed by Clerk

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  • 02/27/2019
  • Notice of Ruling (Ruling Re Defendant California Department of Corrections and Rehabilitation's Demurrer to the Petition for Writ of Mandate and Plaintiff James Ware's Motion for Judgment on the Pleadings); Filed by Clerk

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  • 02/26/2019
  • Opposition (RESPONDENT'S OPPOSITION TO PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS; MEMORANDUM OF POINTS AND AUTHORITIES); Filed by California Department of Corrections and (Defendant)

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  • 01/31/2019
  • at 09:30 AM in Department 85, James C. Chalfant, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion

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  • 01/23/2019
  • Motion for Judgment on the Pleadings (with Leave to Amend Deficiencies and Insufficient Pleadings); Filed by James Jr. Ware (Petitioner)

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  • 01/02/2019
  • Request (Request to Meet and Confer); Filed by James Jr. Ware (Petitioner)

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  • 01/02/2019
  • Opposition (to Demurrer and Motion to Strike); Filed by James Jr. Ware (Petitioner)

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81 More Docket Entries
  • 01/09/2018
  • NOTICE OF TRIAL SETTING CONFERENCE & ATTACHED ORDERS THEREON

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  • 01/09/2018
  • Notice of Trial Setting Conference and Attached Orders Thereon; Filed by Clerk

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  • 01/03/2018
  • NOTICE OF CHANGE OF ADDRESS

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  • 01/03/2018
  • Notice of Change of Address or Other Contact Information; Filed by James Jr. Ware (Petitioner)

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  • 12/28/2017
  • NOTICE OF TRIAL SETTING CONFERENCE & ATTACHED ORDERS THEREON

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  • 12/28/2017
  • Notice of Trial Setting Conference and Attached Orders Thereon; Filed by Clerk

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  • 12/20/2017
  • ORDER ON COURT FEE WAIVER

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  • 12/20/2017
  • SUMMONS

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  • 12/20/2017
  • PETITION FOR WRIT OF MANDAMUS/PROHIBITION

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  • 12/20/2017
  • Petition; Filed by null

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Tentative Rulings

Case Number: BS171831    Hearing Date: January 28, 2020    Dept: 61

Plaintiff James Ware Jr.’s Motion for Leave to File Second Amended Complaint is GRANTED.

Code Civ. Proc. section 473 subd. (a)(1) states that:

The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

“The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. Mueller Co. (2006) 142 Cal.App.4th 636, 642.)

“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 ‘[w]here no prejudice is shown to the adverse party . . .’ [Citation.] A different result is indicated ‘[w]here inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation.]” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.)

Pursuant to California Rule of Court Rule 3.1324, “[a] motion to amend a pleading before trial must: (1)Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3)State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.”

Such a motion must include a supporting declaration stating, “(1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” (CRC Rule 3.1324, subd. (b).)

Ware moves to file a Second Amended Complaint addressing regulations promulgated by CDCR after he filed his FAC, and which effectively mooted the allegations therein, as noted in this court’s previous order. CDCR has filed no opposition to this motion.

The Motion for Leave to File Second Amended Complaint is GRANTED. The Second Amended Complaint attached to this motion is deemed filed this date.