MEAGAN DONAHUE et al. v. WELLTOWER, INC. et al.

Case No. CU25-12031

Plaintiffs’ Motion for Leave to File First Amended Complaint

Plaintiffs MEAGAN DONAHUE and CORTLAND ROUNDS move for leave to filed a first amended complaint in this elder abuse action against Defendants WELLTOWER, INC., PSL ASSOCIATES LLC dba PEGASUS SENIOR SERVICES, HCRI TUCSON PROPERTIES, INC., WELLTOWER PEGASUS TENANT LLC dba VILLAGE AT RANCHO SOLANO, SOJOURN HOSPICE AND PALLIATIVE CARE – EAST BAY, LLC dba BRISTOL HOSPICE – EAST BAY, BRISTOL HOSPICE, LLC, and MORGAN WHINERY.

The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc., § 473, subd. (a)(1).) The court has wide discretion but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Indeed, if the motion to amend is timely made and granting the motion will not prejudice the opposing party, it is error to refuse permission to amend where the refusal also results in a party being denied the right to assert a meritorious action or defense. (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.)

The court finds that Defendants will not be prejudiced by granting leave. Plaintiffs’ proposed amendment simplifies the litigation by removing a cause of action, clarifying the names of two defendants, and removing a claim for punitive damages from the wrongful death cause of action.

Plaintiffs’ motion for leave to file a first amended complaint is granted. Plaintiffs are to file their first amended complaint within ten days of the date of this order.