2017-00219526-CU-BC

Patricia Gilberg vs. Abir, Cohen, Treyzon, Salo, LLP

Nature of Proceeding: Motion to File First Amended Complaint

Filed By: Ellis, Mark E.

The motion of Plaintiff Patricia Gilberg for leave to file a First Amended Complaint is granted.

Gilberg’s proposed First Amended Complaint seeks to amend the three existing claims for professional negligence, breach of fiduciary duty, and breach of contract by adding new allegations. Gilberg explains that the proposed amendments are the product of further discovery in the action after its initial filing in late 2017. The case is not yet set for trial, and the parties remain in initial discovery. The defendants’ motion for summary judgment has been continued to April 4, 2019, to permit Gilberg to conduct further discovery.

Defendants Abir, Cohen, Treyzon, Salo LLP and Federico C. Sayre, oppose the motion arguing that Gilberg has failed to demonstrate diligence in seeking to amend the complaint, the subject of the amendments was known to her in early 2018, and the proposed amendments will not be viable.

The court does not find a lack of diligence in seeking the proposed amendment, or any

discernible prejudice to the defendants, sufficient to justify denying the relief. Further, whether the proposed amendments will add viable claims to the action is not an appropriate consideration in this context to assess the propriety of allowing the amendment.

Gilberg is granted leave to file the proposed First Amended Complaint as presented with the motion on or before February 15, 2019.

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