Case Number: BC636852 Hearing Date: March 06, 2018 Dept: 53

bernardo encarnacion komakaloi vs. saeed modanlou , et al.;

BC636852, March 6, 2018

[Tentative] Order RE: PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Plaintiffs BERNARDO ENCARNACION KOMAKALOI and HECTOR MANUEL GUILLEN’s Motion for Leave to File First Amended Complaint is GRANTED.

BACKGROUND

Plaintiffs Bernardo Encarnacion Komakaloi and Hector Manuel Guillen (jointly, “Plaintiffs”) filed this employment action on October 11, 2016 against Defendant Saeed Modanlou (“Defendant”).

Plaintiffs now move for leave to file a First Amended Complaint to add a new plaintiff to the action. The potential new plaintiff is also a former employee of Defendant who worked at the same locations, during the same period of time, and under similar working conditions as Plaintiffs. No opposition was filed.

DISCUSSION

Pursuant to CCP §473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after commencement of trial. (CCP §576.) “[T]he court’s discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. Cty. of San Diego (2010) 184 Cal.App.4th 1422, 1428 (internal citations omitted).)

Plaintiffs contend that the proposed amendment to the complaint would not prejudice any party and that it would be in the interests of judicial economy to try the potential new plaintiff’s claims at the same time as the claims of the current Plaintiffs. The potential new plaintiff has similar wage and hour claims and is demanding similar relief from Defendant. Plaintiffs have also moved for a trial continuance so that Defendant can investigate the facts and issues relating to the new party.

CONCLUSION

In light of the non-opposition by Defendant, Plaintiffs’ Motion for Leave to File First Amended Complaint is GRANTED. Plaintiffs are ordered to file and serve the First Amended Complaint within 3 days of this Order.

Plaintiffs are ordered to provide notice of this ruling.

DATED: March 6, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court