ALEC S TUNE VS. FCA US, LLC ET AL

Matter on the Law & Motion/Discovery Calendar for Monday, September 15, 2025, line 5, PLAINTIFF ALEC TUNE MOTION FOR LEAVE TO File First Amended Complaint

Plaintiff Alex Tune's motion for leave to file a first amended complaint is granted. Leave to amend is liberally granted in furtherance of justice. (Code Civ. Proc., sec. 473.) "That trial courts are to liberally permit . . . 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.)

Defendant FCA US, LLC claims prejudice from the delay but it appears there is ample time before trial to address the new claims. Delay alone is not a basis to deny amendment. To the extent defendant contends the amendments do not state a claim for relief, it may test those contentions by demurrer. Generally, a proposed amended complaint's validity is not considered when deciding leave to amend. (See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.)

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