Notice Of Motion And Motion For Leave To File First Amended Complaint
Matter on calendar for Monday, July 13, 2026, Line 7, PLAINTIFF MARK MAYO's Motion For Leave To File First Amended Complaint.
Plaintiff's unopposed motion for leave to file a First Amended Complaint (FAC) is granted. Code of Civil Procedure section 473(a)(1) provides that "[t]he 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 the name of any party." (Code Civ. Proc. section 473(a)(1).) Leave to amend is liberally allowed, absent prejudice to the adverse party." (Atkinson v. Elk Corp. (2003) 109 CA 4th 739, 761.)
The original complaint states causes of action for negligence and negligence per se against Defendant Paul Adam Kotik arising out of a motor vehicle accident which occurred on March 18, 2025. Plaintiff's attorney Anneke Saltzstein declared that since the Complaint was filed in November 2025, Plaintiff has discovered information indicating Kotik was operating as a Lyft driver at the time of the accident. (Decl. of Saltzstein, paragraphs 5-6) Plaintiff seeks to add Lyft as a defendant and add new causes of action against Lyft for negligent entrustment; negligent hiring, retention and supervision; and vicarious liability/respondeat superior.
The court finds that the new claims are related to the motor vehicle accident which is the subject of the original complaint. Plaintiff has satisfactorily explained why Lyft was not named in the original complaint. Defendant Kotik will not suffer prejudice because the proposed FAC does not add to or alter the allegations against him. Moreover, the proposed FAC would be filed in July 2026, well before the March 2027 trial date. For these reasons, the court exercises its discretion to grant the motion to file the proposed FAC.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CM). | |