KIAN POUR-KHORSHID VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Thursday, October 30, 2025, Line 6.

1 - PLAINTIFF KIAN POUR-KHORSHID's MOTION FOR LEAVE TO Amend Initial Complaint. Plaintiff's motion to amend the complaint is granted. Plaintiff shall file the proposed First Amended Complaint by November 13, 2025.

Code of Civil Procedure section 576 states that "[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order." There is a liberal policy in favor of amendment. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Because judicial policy favors resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Edmon & Karnow, California Practice Guide: Civil Procedure Before Trial 6:638 (Rutter 2023); see also Nestle v.

Santa Monica (1972) 6 Cal.3d 920, 939.) Indeed, "it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

Here, Plaintiff has established good cause to authorize the filing of an amended complaint. The proposed amendments do not change the tenor of the case, and there is no prejudice to defendant. (See Mesler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296 ["there is a strong policy in favor of liberal allowance of amendments.") Defendant does not oppose most of the proposed amendments and its concerns regarding the whistleblower claims (causes of action one and two in the original complaint) are not a basis to deny the motion. Plaintiff is deleting those claims in the First Amended Complaint. If plaintiff attempts to revive them, then defendant can seek to dismiss them with prejudice.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) |