MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614404 - December 24, 2025 Hearing date: December 24, 2025 Case number: CGC24614404 Case title: MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL Case Number: | | CGC24614404 | Case Title: | | MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL | Court Date: | | 2025-12-24 09:00 AM | Calendar Matter: | | Motion For Leave To File Second Amended Complaint | Rulings: | | Set for Law and Motion/Discovery on Wednesday, December 24, 2025 Line 2, PLAINTIFF MARIANGEL AGUILAR, AN INDIVIDUAL, ELENA VALENCIA, NATALY GONZALEZ, JOSSELYN ESPINAL's Motion For Leave To File Second Amended Complaint (part 1 of 2 of tentative ruling)

Plaintiffs' Motion for Leave to file a Second Amended Complaint is granted. Plaintiffs' request for an award of monetary sanctions against Defendant Short Story, Inc. is denied.

In the furtherance of justice, the court may allow a party to amend any pleading. (Code of Civil Procedure 473(a)(1)). "Courts must apply a policy of liberality in permitting amendments at any stage in the proceedings, including during trial, when no prejudice to the opposing party is shown." (P&D Consultants, Inc. v. City of Carlsbad (2010) 190 CA 4th 1332, 1345). "Generally, the trial court has wide discretion in determining whether to allow the amendment, but the appropriate exercise of that discretion requires the trial court to consider a number of factors, including the conduct of the moving party and the belated presentation of the amendment." (W&W El Camino Real LLC v. Fowler (2014) 226 CA 4th 263, 270, internal citations omitted).

Here, Defendant argues that the motion should be denied due to Plaintiff's "inexcusable delay" in bringing the motion. Defendant asserts that Plaintiffs "presumably" knew the facts underlying the new cause of action months ago, yet waited until late November to seek leave to amend.

Plaintiffs respond that they moved to amend as soon as practicable after discovering a factual basis to state a new cause of action for quid pro quo discrimination. Defendant further claims that Plaintiff engaged in "gamesmanship" by refusing to continue the trial more than 120 days, thus making it more difficult for Defendant to bring a timely motion for summary judgment.

Plaintiffs deny "gamesmanship," and assert that it is actually Defendant who is practicing "gamesmanship." Plaintiff notes that Defendant abruptly cancelled scheduled depositions earlier this month.

Finally, Defendant argues that allowing a Second Amended Complaint to be filed at this juncture would prejudice Defendant. Short Story, Inc. has not been able to contact defendant Albert Garcia, a defaulted defendant who may have important information about the new cause of action. Defendant states that the parties will incur costs engaging in additional discovery. They ask the court to continue the April 27, 2026 trial date to complete necessary discovery. (end of part 1 of 2; continue to part 2 of 2) =(302/CM) | |