Case Number: BC627973 Hearing Date: March 07, 2018 Dept: 74

AUSTON MAY, ET AL.,

Plaintiffs,

vs.

MONIQUE ADAMS, ET AL.,

Defendants

Case No.: BC627973

[TENTATIVE] ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

TENTATIVE RULING: Plaintiffs’ motion for leave to file a first amended complaint is granted. Plaintiffs may file a first amended complaint within 10 days. Today’s Case Management Conference is continued to May 7, 2018 at 8:30 in Department 74.

The complaint alleges Plaintiffs were minor children who were dependent children from March 2008 through July 2011, when they were placed in defendant Adams home by DCFS. Defendant Ingram was Adams live-in girlfriend at the time, and a social worker with DCFS. Adams physically abused both plaintiffs during their placement in her home, witnessed by Ingram. Adams was arrested for the physical abuse in July 2011, and convicted of felony child abuse. The complaint alleges causes of action in: (1) negligence; (2) negligent infliction of emotional distress; (3) assault; (4) battery; (5) intentional infliction of emotional distress; (6) violation of Penal Code sections 11165.9, et seq.; and (7) violations of Welfare & Institutions Code section 16501.1, et seq.

Plaintiffs move for leave to amend the complaint on the grounds that defendant County of Los Angeles gave notice of intent to demurrer unless the complaint was amended.

“[D]iscretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047.) “If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.” (Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.)

This motion is unopposed and Plaintiffs have complied with Rules of Court, rule 3.1324.

The motion is granted.

Plaintiff is ordered to give notice.