Evan Auld-Susott, et al. v. Daniel Susott

Evan Auld-Susott, et al. v. Daniel Susott (And Related Cross-Action)

Motion to File First Amended Answer and Cross-Complaint

Hearing Date: June 5, 2026

The unopposed motion of Defendant and Cross-Complainant Daniel Sussott (“Defendant”) for leave to file his First Amended Answer and Cross-Complaint is GRANTED.

The court may, at its discretion, after notice to the opposing party, allow an amendment to any pleading on just terms. [Code Civ. Proc. § 473, subd. (a)(1).] It has long been California policy to liberally permit such amendments at any stage of the proceeding. [Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488-489.] As long as the motion to amend is timely filed and granting it would not prejudice the opposing party, a court’s denial of leave to amend constitutes an error and an abuse of discretion. [Morgan v.

Superior Court (1959) 172 Cal.App.2d 527, 530.] Additionally, the motion must include a copy of the proposed pleading and specify which allegations are to be deleted or added. [Cal. Rules of Ct., rule 3.1324, subd. (a).] It must also be supported by a declaration explaining: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts prompting the amended allegations were discovered; and (4) why the request for amendment was not made earlier. [Id. at subd. (b).]

Defendant has satisfied the requirements of Rule 3.1324. He clarified that the proposed amended pleadings, with redline versions attached as Exhibits I and II to defense counsel’s declaration, (1) add an additional type of breach of contract claim, and (2) plead damages related to such breaches of the same contract by revising one damage amount and offering more specificity. [Wong Decl. at ¶¶ 9-10.]

Accordingly, the motion is GRANTED, and Defendant shall file and serve his First Amended Answer and First Amended Cross-Complaint within 10 days of the Order. After that, Plaintiffs Evan Auld-Susott and John Susott have 10 days to file and serve a responsive pleading. Defendant shall prepare the Proposed Order consistent with this Tentative Ruling.

NOTE RE TENTATIVE RULING This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.

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