MICHAEL FERRAN VS. ADVANCED BIONICS CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24615421 - May 27, 2026 Hearing date: May 27, 2026 Case number: CGC24615421 Case title: MICHAEL FERRAN VS. ADVANCED BIONICS CORPORATION ET AL Case Number: | | CGC24615421 | Case Title: | | MICHAEL FERRAN VS. ADVANCED BIONICS CORPORATION ET AL | Court Date: | | 2026-05-27 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To File Second Amended Complaint | Rulings: | | On the Law & Motion / Discovery calendar for May 27, 2026, line 6. PLAINTIFF MICHAEL FERRAN'S Motion To File Second Amended Complaint.

The motion for leave to file a second amended complaint is denied. First, the motion does not comply with the Rule 3.1324 of the Rules of Court. It does not "[s]tate what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;" (id., subd. (a)(2)) and "[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located" (id., subd. (a)(3)). Further, the accompanying declaration does not specify when facts giving rise to the amendment were discovered or the reasons why amendment was not sought earlier. (Id., subds. (b)(3) and (b)(4).)

Moreover, while leave to amend is generally liberally granted, it may be denied where there is undue delay and prejudice. The court concludes that Plaintiff has unduly delayed in seeking this amendment. Plaintiff makes no factual showing of diligence, and defendants present Plaintiff's discovery responses showing he has been aware of, e.g., other claims about failure rates since August 2025.

In addition, the court finds defendants will be prejudiced by the proposed amendment. Defendants' pending summary judgment motion will be mooted, and the proposed second amended complaint introduces new theories of fraud and product defects that change the tenor of the case and will require discovery. The discovery cutoff is less than two months away and although defendants may be able to take discovery, they will be unable to make a timely summary judgment motion. In light of their showing, this is real prejudice.

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