MARA B. WEINER ET AL VS. THE REGENTS OF CALIFORNIA DBA UCSF MEDICAL CENTER ET AL

Matter on calendar for Wednesday, July 08, 2026, Line 7, PLAINTIFF MARA WEINER, AMY SIMON-WEINER's MOTION FOR LEAVE TO File Third Amended Complaint.

On May 26, 2026, Plaintiffs Mara B. Weiner and Amy Simon-Weiner filed an ex parte application for an order granting a trial continuance and permitting the filing of a proposed Third Amended Complaint based on the parties' stipulation.

On May 28, 2026, the court continued the trial from August 17, 2026 to March 15, 2027, but took no action on the stipulation which authorized the filing of the Third Amended Complaint.

On June 10, 2026, Plaintiffs filed the present motion for leave to file the Third Amended Complaint.

Amendment of a pleading may be permitted at any time before or after commencement of trial, "in the furtherance of justice and upon such terms as may be proper." (Code of Civil Proc. Sec. 473(a)(1), 576).

It is an abuse of discretion to deny a timely motion for leave to amend which may deny a party the right to assert a meritorious cause of action, particularly in the absence of a showing that the opposing party will not be prejudiced. (Mesler v. Bragg Mgt. Co. (1985) 39 Cal. 3d 290, 296-297)

Here, the continuance of the trial to March 2027, and Defendants' stipulation authorizing the filing of the proposed Third Amended Complaint, alleviate any concerns about possible prejudice.

Good cause appearing, Plaintiffs' unopposed motion for leave to file the proposed Third Amended Complaint is granted. Plaintiff shall submit a form of order.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.)

To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CM). | |