2017-00215887-CU-MC

Muhammad Chaudhry vs. Superior Farms, Inc.

Nature of Proceeding: Motion to File 1st Amended Answer

Filed By: Chase, Michael E.

Defendant Ellensburg Lamb Company, Inc., erroneously sued herein as Superior Farms, Inc.’s (“Defendant”) motion for leave to file a First Amended Answer is UNOPPOSED and is GRANTED.

Defendant seeks leave to file a First Amended Answer to assert one additional affirmative defense based on federal preemption of Plaintiff’s state law claims concerning the labeling of Defendant’s lamb products. There is no trial date set and no other pending deadlines. Plaintiffs have filed a statement of non-opposition indicating they do not oppose Defendant’s motion.

It is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others. (Board of Trustees v. Super. Court (2007) 149 Cal.App.4th 1154, 1163.) Moreover, Section 473 of the Code of Civil Procedure authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. The policy of great liberality in permitting amendments at any stage of the proceeding has been declared by our courts. (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19-20.)

As there is no opposition to the filing of the First Amended Answer, and pursuant to the policy of great liberality in permitting amendments, the Court finds the amendment is in furtherance of justice and Plaintiffs will not be prejudiced by the filing of the First Amended Answer.

Defendant’s motion is GRANTED.

Defendant to file and serve the First Amended Answer no later than September 3, 2018. Although not required by Court rule or statute, Defendant is directed to present a copy of this order when the First Amended Answer is presented for filing.

The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendant’s counsel is ordered to notify responding parties immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event the responding parties appear without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.