2010-00078512-CU-PA

Kimberlly Janeen Carroll vs. 9100-8136 Quebec, Inc.

Nature of Proceeding: Motion to File Amended Complaint

Filed By: Callaham, William C.

Plaintiffs’ motion for leave to file an amended complaint is granted.

In this personal injury action arising from a motor vehicle collision, Plaintiffs seek leave
to amend to state a claim for punitive damages. Plaintiffs maintain that the need to
amend arose after Defendant Yvon Senneville testified in his September 25, 2013,
deposition regarding the circumstances of the subject accident. Specifically, they
assert that Defendant testified that he collided with something, and instead of
investigating what he collided with, he continued to pull forward, colliding with Plaintiff’s
vehicle numerous times. He testified that due to the hood of his truck he was unaware
he struck a vehicle. Trial is set for January 6, 2014.

“Trial courts are vested with the discretion to allow amendments in the furtherance of
justice… That Trial courts are to liberally permit such amendments, at any stage of the
proceeding, has been established policy in this state…resting on the fundamental
policy that cases should be decided on the merits.” (Hirsa v Superior Court (1981) 118
Cal.App.3d 486, 488-489.)

Judicial policy favors resolution of all disputed matters between the parties in the same
lawsuit. Thus, the court’s discretion will usually be exercised liberally to permit
amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920,939;
Mabie V. Hyatt (1998) 61 Cal. App.4th 581, 596 (citing text). Howard v. County of San
Diego (2010)184 Cal.App.4th 1422, 1428.” California Civil Procedure Before Trial
(2012, Rutter) § 6:638 – 6:339.)