MOTION FOR LEAVE TO File Second Amended Complaint
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24613640 - July 1, 2025 Hearing date: July 1, 2025 Case number: CGC24613640 Case title: STEPHEN STANDEFER VS. ALAN ZHANG ET AL Case Number: | | CGC24613640 | Case Title: | | STEPHEN STANDEFER VS. ALAN ZHANG ET AL | Court Date: | | 2025-07-01 09:00 AM | Calendar Matter: | | MOTION FOR LEAVE TO File Second Amended Complaint; Decl. Of J. Ponce; Memorandum Of Points And Authorities | Rulings: | | Matter on calendar for Tuesday, July 1, 2025, Line 5, PLAINTIFF STEPHEN STANDEFER's MOTION FOR LEAVE TO File Second Amended Complaint.
Plaintiff Stephen Standefer's Motion for Leave to File Second Amended Complaint is GRANTED.
"The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." (Code Civil Procedure section 473(a)(1).)
"[T]here is a strong policy in favor of liberal allowance of amendments." (Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230.)
"Great liberality is indulged in matters of amendment to the end that lawsuits may be determined upon their merits." (Desny v. Wilder (1956) 46 Cal.2d 715, 751.)
"[I]t 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.)
"It is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts.'" (Id.)
Here, the proposed amendment do not change the tenor of the case and defendant has not demonstrated cognizable prejudice. Nor are the proposed amendments as a matter of law "unnecessar[y]." Trial is not imminent. Ongoing discovery, expert review and motions preparation are not bars to amendment, nor do such circumstances constitute cognizable prejudice. Additional litigation costs and attorney's fees are generally not prejudice for purposes of this analysis. Nor is the likelihood of additional discovery.
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Plaintiff shall file and serve the FAC forthwith, but in no event more than 14 days after this order is filed.
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