MOTION FOR LEAVE TO File First Amended Complaint
Matter on the Discovery / Law & Motion Calendar for Thursday, Jun-11-2026. LINE 3. PLAINTIFF DAVID GALLEGIONI'S MOTION FOR LEAVE TO File First Amended Complaint.
The motion for leave to file a first amended complaint is granted. The court exercises great liberality in permitting amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) The court may deny amendment where there is undue delay and prejudice. (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) It may also deny amendment where a proposed claim is futile. (Singh v. Lipworth (2014) 227 Cal.App.4th 813, 828.)
Defendant Patrick Rabbitt does not contend there is undue delay, prejudice, or futility. His concerns about inconsistencies between the original complaint and the FAC are not a basis to deny amendment. Plaintiff shall file the proposed pleading attached as Exhibit A to the Venardi Declaration within two weeks.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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