Case Number: BC638394 Hearing Date: February 05, 2018 Dept: 53

LORI HOEFT vs. RASTEGAR LAW GROUP, APC , et al.; BC638394, February 5, 2018

[Tentative] Order RE: PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

Plaintiff LORI HOEFT’s Motion for Leave to File Second Amended Complaint is GRANTED.

BACKGROUND

Plaintiff Lori Hoeft (“Plaintiff”) filed this action on May 30, 2017. Though case is currently stayed pending arbitration of certain arbitrable claims, the Court has lifted the stay for the purpose of allowing Plaintiff to file a Second Amended Complaint. Defendants Rastegar Law Group, APC and Farzad Rastegar (jointly, “Defendants”) filed a Notice of Non-Opposition.

Pursuant to CCP §473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after commencement of trial. (CCP §576.) “[T]he court’s discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. Cty. of San Diego (2010) 184 Cal.App.4th 1422, 1428 (internal citations omitted).)

In light of the non-opposition by Defendants, Plaintiff’s Motion for Leave to File Second Amended Complaint is GRANTED.

Plaintiff is ordered to provide notice of this ruling.

DATED: February 5, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court