Zapata vs. General Motors LLC

Hsu shall give notice.

12. 2025-1513210 Zapata vs. Case Management Conference General Motors LLC Plaintiff Mercedes Zapata’s motion for leave to file a First 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. (Code Civ. Proc. § 473(a)(1).) 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 Civ. Proc. § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. (Code Civ. Proc. § 576.)

Plaintiff seeks leave to file a First Amended Complaint to add a cause of action for violation of the Song-Beverly Act. Plaintiff states that the need to amend arose because discovery received on 12/15/25 revealed that Plaintiff’s vehicle qualifies as a new motor vehicle under the Song-Beverly Act. (Valitskaya Decl. ¶ 3). Plaintiff attaches the proposed First Amended Complainant (Ex. 1) to the motion.

Plaintiff’s motion complies with CRC, Rule 3.1324(b).

The Court does not find Defendant’s arguments in opposition persuasive. No cognizable prejudice has been shown.

As a result, the motion is granted.

Plaintiff shall file and serve her First Amended Complaint no later than Friday, June 12, 2026, pursuant to the Code of Civil Procedure.

Plaintiff shall give notice.