Case Number: BC648685 Hearing Date: November 28, 2018 Dept: 3

SHERIF SHOKRALLA,

Plaintiff(s),

vs.

NICHOLAS VARVATSOULIS, ET AL.,

Defendant(s).

Case No.: BC648685

[TENATATIVE] ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT

Dept. 3

1:30 p.m.

November 28, 2018

Plaintiff, Sherif Shokralla filed this action against Defendants, Nicholas Varvatsoulis and Sujit K. Silla for damages arising out of a dog attack. At this time, Plaintiff seeks leave to file an amended complaint adding Odessa Rodriguez as a named defendant in the action. Plaintiff contends Rodriguez was a co-owner of the dog that bit her. Plaintiff recently deposed Rodriguez, due to the fact that Rodriguez lives with Varvatsoulis; Plaintiff learned, during the deposition, that Rodriguez is a co-owner of the dog.

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§473 and 576.) Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted. Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature. However, the court does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment. California Casualty General Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.

Plaintiff timely and properly served her moving papers on Defendants. Any opposition to the motion was due on or before 11/13/18. The Court has not received opposition to the motion. In light of the lack of opposition, the motion is granted.

Plaintiff is ordered to file a separate copy of his Second Amended Complaint within five days. Plaintiff is ordered to give notice.