2017-00212288-CU-BC

Baljinder Singh vs. Phanikumar Vadarevu

Nature of Proceeding: Motion to File Second Amended Complaint for Damages

Filed By: Duran Jr., Jack

Plaintiffs’ motion for leave to file a second amended complaint is GRANTED.

On 3/12/2018, the Court sustained Defendants’ demurrer to the first amended complaint with leave to amend. Plaintiffs were directed to file a second amended complaint by 3/26/2018. Rather than file a second amended complaint, Plaintiffs filed the instant motion on 3/23/2018.

According to Plaintiffs, the proposed amendments are: (1) the addition of defendant legal entities either owned or managed by the Defendants, (2) non-substantive clerical changes, (3) clarification of the relationship between the legal entities and the Defendants, and (4) the removal of the cause of action of Demand for Arbitration.

Defendants oppose on the ground that the amendments are futile as they do not cure

the defects identified in the demurrer and the Court’s ruling on the demurrer to the first amended complaint.

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. Indeed, it is a rare case in which “a court will be justified in refusing a party leave to amend his or her pleading so that he or she may properly present his or her case. Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. (Board of Trustees v. Superior Court (2007) 149 Cal. App. 4th 1154, 1163.)

The motion is GRANTED. There is no showing of prejudice. Whether the second amended complaint is/remains deficient is properly challenged with an appropriate pleadings motion.

Plaintiffs may file and serve a second amended complaint (“SAC”) by no later than June 4, 2018, Response to be filed and served within 30 days thereafter, 35 days if the SAC is served by mail. (Although not required by any statute or rule of court, Plaintiffs are requested to attach a copy of the instant minute order to the SAC to facilitate the filing of the pleading.)