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CGC25630955·sf·Civil·Civil
Hearing about 2 months agoGRANTED

JAMES JONES VS. BAINES GROUP, INC ET AL

Motion To Amend First Amended Complaint And For Leave To File Second Amended Complaint Pursuant To The Court'S Order On April 28, 2026

Hearing date
Jul 8, 2026
Department
301
Prevailing
Plaintiff

Motion type

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Causes of action

Parties

PlaintiffJAMES JONES
DefendantBAINES GROUP, INC
DefendantLOCAL 22

Ruling

Matter on calendar for Wednesday, July 08, 2026, Line 10, PLAINTIFF JAMES JONES' Motion To Amend First Amended Complaint And For Leave To File Second Amended Complaint Pursuant To The Court's Order On April 28, 2026.

In this unopposed motion, Plaintiff James Jones seeks to file a Second Amended Complaint which (1) removes causes of action which were ordered dismissed by this court's April 28, 2026 Order on defendants' Demurrer to Plaintiff's First Amended Complaint; and (2) re-numbers and clarifies those causes of action which remain. Plaintiff also seeks to add a cause of action against Local 22 for breach of the implied covenant of good faith and fair dealing based upon facts previously plead.

Leave to amend in the interest of justice is liberally granted, particularly where, as here, the amendment is offered in good faith and no prejudice to the opposing parties has been demonstrated. (Code of Civil Procedure 473(a)(1); Hirsa v. Superior Court (1981) 118 CA 3d 486, 488-489)

Given that the amendment fully complies with this court's prior order, and has not been opposed by any party, the motion is granted. Plaintiff shall submit a proposed 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). | |

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