Motion for Leave of Court To File First Amended Complaint
25CV152598: MOUFARREJ vs ZHAO, et al. 08/11/2026 Hearing on Motion - Other For Leave of Court To File First Amended Complaint; filed by Tannous Moufarrej (Plaintiff) CRS# A-152598-001 in Department 514
Tentative Ruling - 08/07/2026 Julie Wilensky
On or about 2/22/2024, Defendants hired Plaintiff to perform demolition and debris removal, foundation forming, concrete work, framing, and other work at residential real property located at 6630 Crow Canyon Road, Castro Valley, California (the Property). The total price of $463,600 was to be paid in six installments. Plaintiff alleges that all items were completed but Defendants refused to pay the sixth installment of $77,266. On 8/7/2025, Plaintiff recorded a mechanics lien against the Property. On 11/3/2025, Plaintiff commenced this action against Defendants to foreclose on the mechanics lien and for breach of contract.
On 3/4/2026, Defendants filed an Answer and Cross-Complaint. Plaintiff answered the Cross- Complaint on 4/7/2026.
On 3/4/2026, Plaintiff substituted new counsel. Upon review of the file, Plaintiffs new counsel determined that good cause existed to add new causes of action for common counts and defamation per se. On 7/20/2026, Plaintiff filed this motion for leave to file a First Amended Complaint (FAC).
Leave to amend is liberally granted.In the furtherance of justice, trial courts may allow amendments to pleadings and if necessary, postpone trial. (Code Civ.Proc. § 473.) Motions to amend are appropriately granted as late as the first day of trial[citation]or even during trial[citation]if the defendant is alerted to the charges by the factual allegations, no matter how framed[citation]and the defendant will not be prejudiced. (Honig v. Fin. Corp. of Am.(1992)6 Cal.App.4th 960, 965.)Plaintiff has substantially complied with the requirements of California Rule of Court 3.1324. (See Arikat Decl.) There is no apparent prejudice to Defendants, as no trial date has been set in this case.
Defendants object on the ground that this motion was served by email on 7/20/2026, less than 16 court days before the 8/11/2026 hearing, and therefore failed to provide sufficient notice. CCP section 1005(b) provides that motions must be filed and served at least 16 court days before the hearing; electronic service increases the notice period by two court days. Thus, Plaintiff was required to serve the moving papers no later than 7/16/2026.
Although notice was insufficient, the Court is inclined to grant the motion. The Court therefore CONTINUES the hearing to provide Defendants an opportunity to file an opposition on the merits.
The hearing is continued to 10/6/2026 at 2:00 p.m. Defendants may file and serve an opposition on or before 9/23/2026.
In light of the Courts inclination to grant this motion on the merits, the parties are strongly 25CV152598: MOUFARREJ vs ZHAO, et al. 08/11/2026 Hearing on Motion - Other For Leave of Court To File First Amended Complaint; filed by Tannous Moufarrej (Plaintiff) CRS# A-152598-001 in Department 514 encouraged to meet and confer in an effort to reach an informal resolution.
The Hearing on Motion - Other For Leave of Court To File First Amended Complaint; filed by Tannous Moufarrej (Plaintiff) CRS# A-152598-001 scheduled for 08/11/2026 is continued to 10/06/2026 at 02:00 PM in Department 514 at Hayward Hall of Justice.
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THROUGH ECOURT
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