2018-00226841-CU-PA

Faafetai Taliaoa vs. Morning Star Trucking Company, LLC

Nature of Proceeding: Motion to File Amended Complaint

Filed By: Widders, Blair H.

Effective September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court’s Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court’s website at

www.saccourt.ca.gov.

Plaintiffs David Miranda, Jr. and Noah Miranda’s (“Plaintiffs”) motion for leave to file a First Amended Complaint (“FAC”) is UNOPPOSED and is GRANTED.

Plaintiffs filed their Complaint on August 2, 2018, alleging causes of action for motor vehicle negligence, negligent hiring and supervision, negligence/negligence per se, and gross negligence. Plaintiffs seek leave only to add one word, “entrustment,” that was inadvertently omitted from page 6, paragraph 22, line 8. Entrustment was included in other places throughout the complaint, but inadvertently omitted from this paragraph.

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. Sup. Ct. (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. Sup. Ct. (1941) 17 Cal.2d 13, 19-20.) However, courts should not permit an amendment “where it would not serve any useful purpose.” (Maple Properties v. Harris (1984) 158 Cal.App.3d 997, 1012.)

As there is no opposition to the filing of the FAC, and pursuant to the policy of great liberality in permitting amendments, the Court finds the amendments are in furtherance of justice and Defendants will not be prejudiced by the filing of the FAC. Plaintiffs’ motion is GRANTED.

Plaintiffs to file and serve the FAC no later than October 4, 2019. Although not required by Court rule or statute, Plaintiffs are directed to present a copy of this order when the FAC is presented for filing.

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