Motion for Leave to File First Amended Complaint
2024CUPP026027: CHARLES WILLIAM vs MARRIOTT INTERNATIONAL, INC., et al. 06/16/2026 in Department 21 Motion for Leave to Amend Complaint
Tentative Rulings. Parties and counsel appearing for oral argument should address the tentative decision. Parties may submit on the tentative decision by email, with a copy to all other parties in the matter, to courtroom21@ventura.courts.ca.gov before 8:00 a.m. on the day set for the hearing, with a subject line that includes SUBMISSION ON TENTATIVE, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative ruling is subject to change. The clerk cannot advise if you should still appear or not. The decision of whether to appear for a hearing is to be made by the parties and their counsel. (Dept. 21 Rules & Procedures, p. 4, § II.I.)
The following is a statement of the Courts tentative ruling. The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
Motion: Motion for Leave to File First Amended Complaint (Opposed)
Tentative Ruling: Plaintiffs motion for leave to amend is GRANTED. Plaintiff is to file the First Amended Complaint by no later than June 22, 2026.
Discussion: To begin, the evidentiary objections are OVERRULED without prejudice. This motion involves whether or not to permit an amendment, not the admissibility or the sufficiency of the evidence underlying the moving partys rational for amending. These objections can all be raised in a future motion, such as an MSJ, or in a Motion in Limine at trial.
Turning to the merits, Plaintiff has shown that the amendment is in the interests of justice, based on newly discovered evidence.
Trial is still several months away, and significant discovery has already been completed, and Plaintiff filed this request in a reasonable time after obtaining newly discovered evidence.
Defendants contention that the amendment is futile is not well-taken. While the Court is allowed to consider the merits of the amendment in ruling on a motion for leave to amend, the issues raised in the opposition are nuanced and should be raised by a separate noticed motion.
Plaintiffs motion for leave to amend should be GRANTED.
Plaintiff is to give notice within two (2) court days.
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