FELIX GUNAWAN ET AL VS. TRANSDEV ALTERNATIVE SERVICES,INC., A CORPORATION ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, September 16, 2025, Line 1. PLAINTIFFS FELIX GUNAWAN, TAJE FLEMING, TOMA STAVREV, FELIX GUNAWAN, FLEMING TAJE, SAIF AHMed'S Motion For Leave To File Second Amended Complaint.

Plaintiffs unopposed motion to file second amended complaint is GRANTED IN SUBSTANTIAL PART. 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, Plaintiffs have established good cause to authorize the filing of the second amended complaint, thus leave to do so is granted. Plaintiffs must file the second amended complaint within 10 days of entry of this order. Plaintiffs must promptly serve the second amended complaint as well.

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.