Zhou v. Hotel Winters, LLC

Case: Zhou v. Hotel Winters, LLC Case No. CV2023-0312 Hearing Date: July 24, 2026 Department Eight 1:30 p.m.

Plaintiff Xinyao Zhou’s motion for leave to file third amended complaint is GRANTED. (Code Civ. Proc., §§ 473, 576; Cal. Rules of Court, rule 3.1324.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v.

Superior Court of Los Angeles County (1959) 172 Cal.App.2d 527, 530.) First, plaintiff has satisfied the applicable procedural requirements. (Cal. Rules of Court, rule 3.1324; Zhou dec., ¶¶ 3-19, Exhibits A & B.) Second, defendant Hotel Winters, LLC has not established that it will be prejudiced by the proposed amendment, or the requested amendment is not warranted under Code of Civil Procedure sections 473(a)(1) and/or 576. (See Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613; see also Magpali v.

Farmers Group (1996) 48 Cal.App.4th 471, 486.) Finally, if defendant believes that plaintiff’s causes of action are not meritorious, then it may test the amended complaint’s “legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

Plaintiff is directed to file the proposed third amended complaint, attached to her declaration, by July 31, 2026. (Zhou decl., ¶ 4, Exhibit B.)