Motion for Leave Amend Complaint
24CV003721: GREENHILL vs CINEMA WEST LLC 09/03/2024 Hearing on Motion for Leave Amend Complaint in Department 53
Tentative Ruling
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24CV003721: GREENHILL vs CINEMA WEST LLC 09/03/2024 Hearing on Motion for Leave Amend Complaint in Department 53
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TENTATIVE RULING: Plaintiff Shelby Greenhills unopposed motion for leave to file a first amended complaint is granted.
In this employment action, Plaintiff seeks leave to file a first amended complaint to join Sacramento Country Club Cinema as a defendant and allege that it was her joint employer with defendant Cinema West, LLC. Plaintiff asserts that discovery has revealed that these entities share the same principal place of business and management structure. Leave to amend is proper.
No opposition to the motion was filed. Defendant Cinema West, LLC informed Plaintiff that it would not oppose the motion to amend. (Telfer Decl. ¶ 6, Exh., 1.) A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
The motion is unopposed and granted.
Plaintiff shall separately file and serve the proposed first amended complaint in the same form which Plaintiffs counsel states is attached as Exhibit 6 to her declaration no later than September 17, 2024.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.