TORRES vs PONCE

25CV019431: TORRES vs PONCE 07/09/2026 Hearing on Motion for Leave of Court and Amend Complaint in Department 16D

Tentative Ruling

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25CV019431: TORRES vs PONCE 07/09/2026 Hearing on Motion for Leave of Court and Amend Complaint in Department 16D

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING: Self-represented Plaintiff Maria Torres’ unopposed motion for leave to file an amended complaint is denied without prejudice.

By this motion, Plaintiff seeks an order allowing her to file a first amended complaint. Plaintiff indicates that since filing the action she discovered facts which may support additional causes of action against Defendant Christopher Ponce. Plaintiff does not indicate what causes of action she seeks to add in an amended complaint. Additionally, while Plaintiff states that a proposed amended complaint is attached to the motion, no proposed amended complaint is included with the motion.

A motion to amend must include a copy of the proposed amended pleading. (California Rules of Court Rule 3.1324(a)(1).) Without including the proposed pleading, the Court cannot issue any order granting leave because it has no information what the proposed pleading consists of. On this basis alone, the motion is denied.

In addition, Plaintiff's motion does not comply with California Rules of Court Rule 3.1324(a) and (b) which require the motion to state what allegations are proposed to be deleted and what allegations are proposed to be added and to identify the changes by “page, paragraph, and line number.” The motion also fails to comply with California Rules of Court Rule 3.1324(b), which requires, that the motion be accompanied by a declaration that specifies, “[t]he effect of the amendment”, “[w]hy the amendment is necessary and proper”, “[w]hen the facts giving rise to the amended allegation were discovered,” and “[t]he reasons why the request for amendment was not made earlier.” (CRC Rule 3.1324(b)(1)-(4).) While Plaintiff’s declaration indicates when she discovered the new information, she does not address the effect of the amendment or why the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV019431: TORRES vs PONCE 07/09/2026 Hearing on Motion for Leave of Court and Amend Complaint in Department 16D

amended is necessary and proper.

The motion is denied without prejudice to Plaintiff bringing a motion to amend which complies with California Rule of Court Rule 3.1324.

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.