Cullen vs. Pathway Healthcare Services, LLC

612-615.) Courts have broad discretion to accept a late complaint amendment without a noticed motion for relief, or to strike it as untimely. (Bai v. Yip (2024) 107 Cal.App.5th 188, 197; see also Harlan, supra, 132 Cal.App.4th at 873 [“While the court had discretion to require a noticed motion before permitting Harlan to file the second amended complaint late, we think it also had discretion under these circumstances to accept the filing without a noticed motion.”].)

Plaintiffs’ notice of motion alternatively seeks leave to amend under Code Civ. Proc. § 473(a).

The trial court “in furtherance of justice” may allow amendment of a pleading. (Code Civ. Proc., § 473, subd. (a)(1).) There is a strong policy in favor of liberally granting leave to amend. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296.) Typically, leave should be granted unless it would prejudice the defendants. (Ibid.)

Defendants have not shown that they will suffer any prejudice from allowing Plaintiffs leave to file the SAC.

Plaintiff is ordered to file the Second Amended Complaint attached as Exhibit “A” to the Russell Declaration within 10 days of this hearing.

Plaintiffs shall give notice of this ruling.

11 Cullen vs. TENTATIVE RULING: Pathway Healthcare Attorney Mitchell R. Garrett’s Application to Appear Pro Hac Vice Services, LLC for Defendants Andrew Turner, Jennifer Miller and Defendant/Cross- Complainant Pathway Healthcare Services, LLC is GRANTED.

The Court finds attorney Mr. Garrett has complied with all the requirements of rule 9.40 of the California Rules of Court.

Moving party shall give notice.

12 Hummer vs. TENTATIVE RULING: Niguel Shores Community Motion to Be Relieved as Counsel of Record Association Attorney Austin Nichter’s unopposed motion to be relieved as counsel of record for Plaintiff Judith Hummer is GRANTED.