Case Number: BC530894    Hearing Date: September 30, 2014    Dept: 46

Case Number: BC530894
ARTHUR COLEMAN VS ROBERT JAEN ET AL
Filing Date: 12/18/2013
Case Type: Civil Rights (General Jurisdiction)

09/30/2014
1. Conference-Case Management
2. DEMURERR TO COMPLAINT;
3. MOTION FOR LEAVE;
4. OSC RE DISMISSAL OF DEFT JAEN

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This tentative ruling is posted at 2:45 p.m. on 09/29/2014 and the matter is set for hearing on 09/30/2014 at 8:30 a.m.

If there are no parties other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

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The Case Management Conference is continued to the date of the Motion for Summary Judgment, 05/19/2015 at 8:30 a.m. in Dept. 46.

OSC regarding dismissal of Jaen is discharged as Deputy Carlos Jaen filed his Answer on 07/28/2014.

The First Amended Complaint, FAC, filed on 04/25/2014, after the County of Los Angeles answered the Complaint, is ordered stricken because it was filed without leave of court.

The motion for leave to file a FAC was filed relatively close in time to the original Complaint and there is no current trial date; further there is no showing of prejudice to the defendants. The motion for leave to file a FAC (the same one as filed on 04/25/2014) is GRANTED. Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530 [refusal of timely request for leave to amend is error where no prejudice to defendants is shown.] Summons may issue on the FAC. FAC is deemed filed this date.

Plaintiff is ordered to file a separate FAC in the form attached to the motion immediately.

Each Defendant who has appeared in the action shall have 30 days from the date that Plaintiff serves the FAC and Summons by mail on each defendant to file a responsive pleading.

Plaintiff is ordered to serve all Defendants who have not yet appeared with the Summons and FAC. OSC regarding filing of proof of service or dismissal is set for 11/03/2014 at 8:30 a.m. Plaintiff is ordered to file proof of service by 10/31/2014 or sanctions pursuant to CRC 2.30 for violation of CRC 3.110 will be issued.

As the FAC is now deemed filed demurrer to the Complaint is off calendar as moot.

IT IS SO ORDERED:

Frederick C. Shaller, Judge