Motion For Leave To File First Amended Complaint
Matter on calendar for Tuesday, July 07, 2026, Line 2, PLAINTIFF JANE DOE's Motion For Leave To File First Amended Complaint.
Plaintiff's motion for leave to file the First Amended Complaint is DENIED WITHOUT PREJUDICE.
First, the motion does not comply with CRC 3.1324. The motion does not set forth by page, paragraph, and line number the proposed changes in compliance with CRC 3.1324(a). Plaintiff also does not provide a supporting declaration in compliance with CRC 3.1324(b).
Second, and more importantly, plaintiff improperly seeks to add new and distinct claims based on litigation activity that occurred after the filing of the original complaint. A pleading that seeks to allege facts that occurred after the filing of the original complaint is a supplemental complaint. (See CCP 464(a); Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032 ["A 'supplemental' pleading is used to allege facts occurring after the original pleading was filed. [citation] In contrast, the additional allegations in an 'amended' pleading address matters that had occurred before the original pleading was filed." (emphasis removed)].)
The weight of authority states that it is improper to add a new cause of action in a supplemental complaint. (See Flood v. Simpson (1975) 45 Cal.App.3d 644, 647 [affirming denial of leave to supplement to add a new claim]; Hebert v. Los Angeles Raiders, Ltd. (1991) 23 Cal.App.4th 414, 426 [same]; Lee v. Bank of America (1994) 27 Cal.App.4th 197, 206-207 [criticizing Honig v. Financial Corp. of America (1992) 6 Cal.App.4th 960 [allowing an employee to add a defamation claim that arose after he filed his harassment/termination complaint].)
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