Case Number: BC673144 Hearing Date: March 07, 2018 Dept: 92

GUSTAVO PALAFOX,

Plaintiff,

vs.

TUFESA USA, LLC, ET AL.,

Defendants.

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CASE NO: BC673144

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION FOR RELIEF

Dept. 92

1:30 p.m. — #

March 7, 2018

Defendants Tufesa USA, LLC and Autotransportes Tufesa S.A. de C.V. move to withdraw the answer filed on behalf of Defendant Arambula Caro, and permit the filing of a First Amended Answer by moving defendants only.

Plaintiff Palafox filed the instant complaint on August 21, 2017. On October 5, 2017, moving counsel filed an answer on behalf of all three defendants—Tufesa USA, LLC, Autotransportes Tufesa S.A. de C.V., and Arambula Caro. Counsel now seeks leave to file an amended answer omitting Arambula Caro.

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect… The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars…” (Code Civ. Proc., § 473, subd. (a).)

Counsel states that his firm was not retained to represent and Caro, and that the answer was erroneously filed on his behalf. [Kartchner Decl., ¶ 5.] An attorney may not appear on behalf of a party without authority from the client to bind the party “‘in procedural matters arising during the course of the action.’” (Blanton v. Womancare, Inc. (1985) 38 Cal.3d 396, 403.)

The declaration of Kartchner presents a sufficient basis for relief. Leave to amend to file a first amended answer on behalf of Defendants Tufesa USA, LLC and Autotransportes Tufesa S.A. de C.V. is granted. Defendants are ordered to file the first amended answer within 10 days.

Dated this 7th day of March, 2018

Hon. Marc Gross

Judge of the Superior Court