BULLARD vs LSG SANTA CRUZ PROPERTY LLC, et al.

25CV110671: BULLARD vs LSG SANTA CRUZ PROPERTY LLC, et al. 08/27/2026 Hearing on Motion for Leave to Amend For Leave to File a Second Amended Complaint; filed by Antoine Bullard (Plaintiff) CRS# 677552892183 in Department 520

Tentative Ruling - 08/27/2026 Jamilah A. Jefferson

The Motion for Leave PLAINTIFFS NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Antoine Bullard on 07/01/2026 is Granted.

The Motion of Plaintiff Antoine Bullard (“Plaintiff”) for Leave to File Second Amended Complaint is GRANTED. PROCEDURAL DEFECTS Notwithstanding the late filing of Defendant’s Opposition by a week, it shall be considered. (ROA.) However, the parties are admonished to comply with all local rules, California rules of Court and statutory requirements going forward in this litigation. DISCUSSION Plaintiff filed this case on February 11, 2025; amended the complaint on May 27, 2025 and seeks to amend it for the second time to add a sixth cause of action for Violation of California Civil Code section 1942.4. (Brown Decl., Ex.

A.) Plaintiff alludes to the fact that the delay is due to counsel’s mistake as it was intended for the amendment to be made with the First Amended Complaint. (Id. at ¶ 18.) Here, Defendant and Cross-Complainant LSG Santa Cruz Property LLC (“Defendant”) has failed to establish that it will be unduly prejudiced by the Second Amended Complaint, making it appropriate for the Court to grant Plaintiff’s motion. (Code Civ. Proc., §§ 473, subd. (a)(1); 576; Board of Trustees, supra, 149 Cal.App.4th at p. 1163.)

In certain instances, leave to amend may be denied if there is prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation. (Bidari v. Kelk (2023) 90 Cal.App.5th 1152, 1173.) In this case, although the trial date has been scheduled for December 4, 2026, it is unclear what added costs Defendant will face. Defendant does not identify what additional discovery would be necessary for it to conduct in light of the proposed amendments, and instead bases its argument on claiming trial will be delayed and suggesting that the amendment would be futile.

While motions to amend can be denied based on the futility of proposed amendments, entertaining premature demurrer arguments here would deprive Plaintiff of the procedural protections afforded by the CCP, such as the meet and confer requirements, especially in light of Defendant’s representation of the intent to bring a demurrer and Defendant’s late filing of the Opposition. (CCP §430.41.) Accordingly, Plaintiff’s Motion is GRANTED.

Plaintiff shall file and serve the Second Amended Complaint no later than September 4, 25CV110671: BULLARD vs LSG SANTA CRUZ PROPERTY LLC, et al. 08/27/2026 Hearing on Motion for Leave to Amend For Leave to File a Second Amended Complaint; filed by Antoine Bullard (Plaintiff) CRS# 677552892183 in Department 520 2026.

NOTICE: This tentative ruling will automatically become the court’s final order on August 20, 2026 unless, by no later than 4:00 P.M. on August 19, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.

The subject line (RE:) of the email must state: “Request for CONTESTED HEARING: [the case name], [number].” When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.

The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.

ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.