Motion for Leave to File Amended Complaint; Demurrer
discretion will generally be exercised liberally to permit amendment of the pleadings, the court acts within its discretion to deny an amendment where there has been a long delay in seeking the amendment and allowing the amendment would be prejudicial to the opposing side. (See Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 488.)
Under California Rules of Court, rule 3.1324, a motion to amend shall include a copy of the proposed amendment or amended pleading, identify by page, paragraph, and line number any additions to and deletions from the prior pleading (Cal. Rules of Court, rule 3.1324(a)), and a supporting declaration that specifies: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (Cal. Rules of Court, rule 3.1324(b).)
The Court finds Plaintiff has substantially complied with Rule 3.1324. The motion is supported by a declaration from Plaintiff’s counsel, and includes a copy of the proposed amended pleading. Plaintiff seeks to clarify “that certain claims are asserted on behalf of the corporation as opposed to Plaintiff, a 50% shareholder.” The Court finds it is in the furtherance of justice to allow the filing of the proposed amended complaint. (See Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530 [abuse of discretion to deny leave to amend to assert a valid cause of action or defense].)
Plaintiff shall file the second amended complaint no later than May 22, 2026, and serve it according to the Code of Civil Procedure.
Plaintiff shall give notice of the ruling.
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Continued to 8-17-26 at 9:00 a.m.
8 Rust vs. Motion for Leave to File Amended Complaint Umana Plaintiff Lynh Ngoc Rust’s motion for leave to file her first amended 2025-01521339 complaint (“FAC”) is granted. Defendant Barabar Umana’s demurrer to Plaintiff’s original complaint is therefore moot.
Facts Plaintiff filed her original complaint on 10/24/25. [ROA #2.]
On 12/15/25, Defendant her demurrer to Plaintiff’s complaint. [ROA # #16.]
Within the time to oppose or amend in response to the demurrer, Plaintiff filed the pending motion for leave to file her FAC.
Motion to Amend Legal Standard The 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 or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. § 473(a)(1). The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.
Code of Civ. Proc. § 473(a)(1). Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. Code of Civ. Proc. § 576.
Ordinarily, the court does not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. Kittredge Sports Co. v. Superior Court (Marker, U.S.A.) (1989) 213 Cal.App.3d 1045, 1048; Cal. Prac. Guide, Civil Procedure before trial (Rutter) 6:644. Grounds for demurrer or motion to strike are premature. Id. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. Id. See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760 (“[W]e believe that the better course of action would have been to allow Atkinson to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings”) (citing Kittredge).
A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, by page, paragraph, and line number, the additional allegations are located. CRC 3.1324(a). A separate declaration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and
proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. CRC 3.1324(b).
California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. This liberality only applies so long as there is no prejudice to the opposing party. Higgins v. Del Faro (1981) 123 Cal. App. 3d 558, 564.
Discussion
Code of Civil Procedure section 472 provides that a plaintiff may amend her complaint once as a matter of right before a response is filed or, if a demurrer to the complaint is filed, on or before the day the opposition to the demurrer would be due. Code Civ. Proc. §472(a). Plaintiff filed her motion to amend, with the appended FAC, on 4/15/26 - well before her opposition to Defendant’s demurrer was due. The fact that Plaintiff submitted her FAC with a motion to amend rather than simply filing it should not deprive her of her statutory right to amend.
To the extent there are defects in the FAC, including those defects raised in Defendant’s demurrer to the original complaint, they can be addressed on a further demurrer by Defendant.
Accordingly, Plaintiff’s motion for leave to file her FAC is granted.
Demurrer Given the above, Defendant’s demurrer is moot.
Plaintiff to give notice.
Demurrer to Complaint
Off calendar as moot.
Case Management Conference
Continued to 8-17-26 at 9:00 a.m.