David Rafael Cruz et al v Victoria Isabel Adrete et al

Case Number

23CV05394

Case Type

Hearing Date / Time

Wed, 05/08/2024 - 10:00

Nature of Proceedings

Leave to File Amended Answer

Tentative Ruling

Plaintiffs: Pro Per (Pro Per in Odyssey, Saeedian Law Group filing documents)

Defendants: Derick Hovsepian

Issue

Leave to file an amended answer.

RULING

GRANTED

Analysis

This matter is set for trial next year, and Defendants have filed a motion for leave to amend their answer to allege an additional affirmative defense. The opposition contends that Defendant has not demonstrated that their proposed amended answer is in the furtherance of justice, contending that Plaintiff would be prejudiced if forced to investigate the new defense when the action has been pending for 17 months, based upon facts that Plaintiff claims were not, in fact, “newly discovered,” and arguing that while CCP 473 allows amendments for mistakes, the failure to assert the single affirmative defense was not a mistake.

Given the liberality with which Courts must treat requests to amend pleadings, it would be an abuse of this Court’s discretion to deny the motion. The matter is not set for trial until March 2025, leaving more than ample time to conduct discovery and explore the viability of the defense, thereby eliminating any legitimate prejudice to Plaintiff from the amendment of the answer.

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