Motion for leave to file a second amended answer
Plaintiff shall give notice. 11 Tarver v. Defendants’, Matthew T. Bryenton, D.C. and Bryenton Family Bryenton Chiropractic, Motion to Compel Arbitration is GRANTED. Defendants have shown that there was a written agreement to arbitrate and Plaintiff refused to arbitrate.
A party moving to compel arbitration satisfies its initial burden by producing a written arbitration agreement bearing the opposing party's signature. Only after the opposing party produces admissible evidence disputing the authenticity or execution of that agreement does the burden shift back to the petitioner to prove its existence by a preponderance of the evidence. Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218-219.
Here, Plaintiff admits she signed the Arbitration Agreement as part of the intake paperwork she completed before treatment. There can be no doubt that it applied to the care she received from Defendants. That she felt rushed, or that she did not fully grasp the significance of the document does not make it unenforceable.
Status conference re arbitration is set for November 6, 2026 at 9:30 am, in Dept. N17.
Defendants to give notice. 12 Brookhurst The unopposed motion of defendant Julie Chang (Chang) for leave 107, LLC v. to file a second amended answer is GRANTED. (Code Civ. Proc., § Chang 473(a)(1).)
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,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Absent prejudice, delay alone is not ground for denial. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in such a case, even if sought as late as the time of trial. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565.)
The Court finds Chang has demonstrated the interests of justice would be served by allowing the amendment.
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Accordingly, the motion is GRANTED.
Chang is to separately file and serve the proposed second amended answer which is attached to the motion at Exhibit A within 7 days.
Chang shall give notice of this ruling. 13 Burke v. Before the Court is a motion for attorney fees filed by defendants Benworth Benworth Capital Partners, LLC (Benworth) and Bernardo Navarro Capital (Navarro)(collectively, Defendants) against plaintiff Griffin Burke Partners, LLC (Plaintiff). For the reasons set forth below, the motion is GRANTED in the reduced amount of $16,514.84.