Colette Barris v. Kenya Barris

(Stanley Mosk Courthouse: Dept. 408) September 3, 2026 DEPARTMENT 408 LAW AND MOTION RULINGS

Leave to File First Amended Complaint is GRANTED. I. BACKGROUND On December 12, 2022, Plaintiff Colette Barris ("Plaintiff") filed a complaint against Defendant Kenya Barris ("Defendant") alleging a cause of action for breach of contract. On March 15, 2023, pursuant to Plaintiff's request, default was entered against Defendant. On May 19, 2026, the court entered the parties' stipulation to vacate Defendant's default. On May 31, 2023, Defendant filed an answer to Plaintiff's complaint. On July 6, 2026, Plaintiff filed this Motion for Leave to Amend.

As of August 31, 2026, no opposition or other responsive pleading has been filed. II. LEGAL STANDARD Under Code of Civil Procedure section 473(a)(1), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading." (Code Civ. Proc., Sec. 473, subd. (a)(1).)¿Amendment may be allowed at any time before or after commencement of trial. (Code Civ. Proc., Sec. 576.) "[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings.

The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [internal citations omitted].) "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend[.]"¿ (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Prejudice includes "delay in trial, loss of critical evidence, or added costs of preparation." (Solit v.

Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.)¿¿¿¿¿ ¿¿¿ A motion to amend a pleading before trial must include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments. (Cal. Rules of Court, Rule 3.1324, subd. (a).) The motion must also state what allegations are proposed to be deleted or added, by page, paragraph, and line number.¿(Cal. Rules of Court, Rule 3.1324, subd. (a).) Finally, a separate supporting declaration specifying the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reason the request for amendment was not made earlier must also accompany the motion. (Cal.

Rules of Court, Rule 3.1324, subd. (b).)¿¿¿¿

III. DISCUSSION Plaintiff seeks leave to file a first amended complaint to include additional causes of action for defamation, tortious interference, intentional infliction of emotional distress, civil conspiracy, public disclosure of private facts, and negligence arising from Defendant's alleged post-settlement breaches of a February 22, 2021, Confidential Settlement and Non-Disparagement Agreement and related tortious conduct. (Motion, at p. 3.) Plaintiff argues that there is no prejudice arising from the amendment and that amendment will promote judicial economy by resolving all related claims in a single action. (Id., at pp. 3-4.)

The court finds that Plaintiff complies with the requirements of¿Rule 3.1324 by providing a copy of the proposed first amended complaint, identifying the changes to be made, and stating why the amendment is necessary. (Id., at p. 4, Exh. A.) The court also notes that Defendant does not oppose the proposed amendment. (Cal. Rules of Court, rule 8.54, subd. (c) ["A failure to oppose a motion may be deemed a consent to the granting of the motion."]; Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Accordingly, the motion is granted. IV. CONCLUSION Plaintiff Colette Barris' Motion for Leave to File First Amended Complaint is GRANTED. Case Number: 24STCV08786 Hearing Date: September 3, 2026 Dept: 408 Defendant/Cross-Complainant 550 West Regent Street Homeowners Association, Inc.'s Counsel Zachary Levine, Esq.'s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order. I. BACKGROUND On April 8, 2024, Plaintiff Lyons LA, Inc. ("Lyons") filed a complaint against Defendant 550 West Regent Street Homeowners Association, Inc. ("550 West") alleging causes of action for: 1.

Breach of Contract; and 2. Declaratory Relief. On May 31, 2024, 550 West filed an answer to Lyons' complaint. On June 3, 2024, 550 West filed an amended answer to Lyons' complaint and a cross-complaint in pro per against Lyons. On June 17, 2024, after retaining counsel, 550 West filed a cross-complaint.