18-CIV-02282 JOANN ALVAREZ VS. COUNTY OF SAN MATEO

JOANN ALVAREZ COUNTY OF SAN MATEO
TE’REISHA N GRAVES

COUNTY OF SAN MATEO’S MOTION TO STRIKE PLAINTIFF’S THIRD AMENDED COMPLAINT TENTATIVE RULING:

Defendant County of San Mateo’s 1-8-19 Motion to Strike Plaintiff Joann Alvarez’s Third Amended Complaint (TAC), filed 12-4-18, is DENIED. Code Civ. Proc. § 473(a)(1). The Court’s 11-13-18 Order sustaining the County’s Demurrer to Plaintiff’s Second Amended Complaint (SAC) granted Plaintiff leave to amend one cause of action. Plaintiff then filed a TAC five days after the statutory deadline for filing an amended pleading had expired. Under the circumstances, including the absence of any compelling showing of prejudice, the Court will exercise its discretion and accept Plaintiff’s late-filed TAC. § 473(a)(1). To the extent the County contends the Court lacks discretion to do so, the Court disagrees. Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868. Defendant’s related request for entry of Judgment is DENIED.

Plaintiff did not serve her Opposition brief by means of overnight delivery, in violation of Code Civ. Proc. § 1005(b). The Court has, however, considered it. Plaintiff is admonished to strictly comply with the Court’s rules and procedures going forward.

Defendant’s 1-8-19 Request for Judicial Notice is GRANTED. Evid. Code § 452(d).

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.