MOTION FOR LEAVE TO File First Amended Complaint To Include Punitive Damages
Matter on calendar for Thursday, May 21, 2026, Line 4, PLAINTIFF HOWARD HONG's MOTION FOR LEAVE TO File First Amended Complaint To Include Punitive Damages.
Plaintiff Howard Hong's motion for leave to file a first amended complaint is granted. Hong shall file the FAC attached as Exhibit 1 to the Koppelman Declaration within one week.
Leave for a party to amend a pleading should be granted "in furtherance of justice." (Code Civ. Proc., section 473, subd. (a)(1).) "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.) Leave to amend is properly denied when the proposed amendment fails to state a valid cause of action and thus would be futile, or where the plaintiff has delayed in seeking the amendment and the delay has prejudiced the defendant. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739.)
The court does not find futility. Defendants dispute the facts Hong relies on, but this is not a basis to refuse amendment. The amendment is plausible on its face.
With regard to undue delay and prejudice, the court would have to find that both are present to deny amendment. Even assuming Hong unduly delayed deposing the witnesses whose testimony led to his request to amend, defendants show no prejudice. The amendments do not change the tenor of the case, and there is ample time before trial for defendants to make pleadings motions or dispositive motions.
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