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