Notice Of Motion And Motion For Leave To File A First Amended Complaint
On the Law and Motion / Discovery calendar for October 10, 2025, line 14 PLAINTIFF CARLA SCHLEMMINGER's Motion For Leave To File A First Amended Complaint.
Plaintiff Carla Schlemminger's unopposed Motion For Leave To File A First Amended Complaint is GRANTED. The court has broad discretionary power under California Code of Civil Procedure section 473(a) to grant leave for a party to amend a pleading in furtherance of justice.
That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901." (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488-89.) A proposed amended complaint's validity generally is not considered when deciding leave to amend. (See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) While a proposed amendment must state a valid cause of action, "that rule would find its most appropriate application in cases in which the insufficiency of the proposed amendment is established by controlling precedent and where the insufficiency could not be cured by further appropriate amendment." (California Casualty General Insurance Co. v. Superior Court (1985) 173 Cal.App.3d 274, 280-81.)
Good cause appearing, the court grants Plaintiff leave to file her first amended complaint. Such complaint must be filed within 15 days of notice of entry of this order.
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.
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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) | |