Motion for Leave to Amend Complaint
34-2022-00328712-CU-OR-GDS: Kenneth Kral vs. Chico Telecom, Ltd 05/23/2024 Hearing on Motion for Leave to Amend Complaint in Department 54
Tentative Ruling
Plaintiff Kenneth Krals (Plaintiff) motion for leave to file an amended complaint is UNOPPOSED and GRANTED.
Plaintiff initiated this quiet title action on October 21, 2022 against Defendants Chico Telecom, Ltd., AA-Tel-Comm/Sierra Tel-Comm, and James A. Smith, Jr. (collectively, Defendants). The subject property at issue is a residential property in Citrus Heights that was owned by Plaintiffs parents and occupied by them, Plaintiff, and Plaintiffs brother during the latters childhoods. Plaintiffs father died in 1995 and his mother died in 2011. Plaintiff believed that his parents owned the home outright, but when he tried to sell the house in 2022, he learned that his parents had signed a deed conveying a one-half interest in the property to Defendants in 1987. The two entity Defendants are defunct telecommunications companies. Mr. Smith was the president of one of those companies. The entity Defendants have answered the Complaint. Mr. Smith has not been served.
Plaintiff seeks to filed an amended complaint to add facts supporting a claim for adverse possession. Additionally, the proposed amended complaint clarifies the chain of title from Plaintiffs parents to Plaintiff alone, as Plaintiffs brother, who was not identified as a party in the original Complaint, passed away unexpectedly shortly after the original Complaint was filed. In May of 2023, Plaintiff obtained an order transferring his mothers interest in the property to himself and to his brothers trust. In March of 2024, Plaintiff, as successor trustee to his brothers trust, transferred the trusts interest in the property to himself. The original Complaint and the May 2023 order were prepared by Plaintiff with the assistance of a document preparer. Plaintiffs current counsel substituted into the action in April of 2023.
Plaintiffs motion complies with California Rules of Court rule 3.1324. Furthermore, the motion is unopposed, and there is no indication that any party will be prejudiced by the proposed amendment.
Plaintiff shall file and serve the proposed First Amended Complaint, attached as Exhibit B to the DeAmicis Declaration, by no later than May 30, 2023.
This minute order is effective immediately. No formal order or other notice is required. (
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34-2022-00328712-CU-OR-GDS: Kenneth Kral vs. Chico Telecom, Ltd 05/23/2024 Hearing on Motion for Leave to Amend Complaint in Department 54
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