San Rafael Homeowners United, et al v. Harmony Communites, Inc., et al
Motion for Leave to File Second Amended Complaint
Motion type
Parties
Ruling
DATE: 08/21/26 TIME: 1:30 P.M. DEPT: H CASE NO: CV0007679
PRESIDING: HON. SHEILA S. LICHTBLAU
REPORTER: CLERK: ALINA ANDRES
PLAINTIFF: SAN RAFAEL HOMEOWNERS UNITED, ET AL
vs.
DEFENDANT: HARMONY COMMUNITES, INC., ET AL
NATURE OF PROCEEDINGS MOTION – LEAVE TO FILE SECOND AMENDED COMPLAINT
Plaintiff filed a motion for leave to file a second amended complaint. The motion was served on all parties and no opposition was filed. A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54, subd. (c).) Failure to oppose a motion may also lead to the presumption that [plaintiff] has no meritorious arguments. (See Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal. App. 3d 481, 489, disapproved of by Garcia v. McCutchen (1997) 16 Cal.4th 469, on other grounds.)
The Court grants the motion in light of the non-opposition. Plaintiff shall file its second amended complaint within ten days of service of this order.
All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.
The Zoom appearance information for August, 2026 is as follows: https://marin-courts-ca-gov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1
Meeting ID: 161 548 7764 Passcode: 502070 If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov
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