MARK RYAN MAYO VS. PAUL ADAM KOTIK ET AL

Matter on calendar for Monday, July 13, 2026, Line 7, PLAINTIFF MARK MAYO's Motion For Leave To File First Amended Complaint.

Plaintiff's unopposed motion for leave to file a First Amended Complaint (FAC) is granted. Code of Civil Procedure section 473(a)(1) provides that "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding the name of any party." (Code Civ. Proc. section 473(a)(1).) Leave to amend is liberally allowed, absent prejudice to the adverse party." (Atkinson v. Elk Corp. (2003) 109 CA 4th 739, 761.)

The original complaint states causes of action for negligence and negligence per se against Defendant Paul Adam Kotik arising out of a motor vehicle accident which occurred on March 18, 2025. Plaintiff's attorney Anneke Saltzstein declared that since the Complaint was filed in November 2025, Plaintiff has discovered information indicating Kotik was operating as a Lyft driver at the time of the accident. (Decl. of Saltzstein, paragraphs 5-6) Plaintiff seeks to add Lyft as a defendant and add new causes of action against Lyft for negligent entrustment; negligent hiring, retention and supervision; and vicarious liability/respondeat superior.

The court finds that the new claims are related to the motor vehicle accident which is the subject of the original complaint. Plaintiff has satisfactorily explained why Lyft was not named in the original complaint. Defendant Kotik will not suffer prejudice because the proposed FAC does not add to or alter the allegations against him. Moreover, the proposed FAC would be filed in July 2026, well before the March 2027 trial date. For these reasons, the court exercises its discretion to grant the motion to file the proposed FAC.

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