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I
Superior Court of California
5
FILED
Sup erior Court of Californi
County of Los Angeles ‘Ounty of Los Angeles
a
Department 51 SEP 19 2016
Sherri R. Caner,
ive Officer/Clerk
LIDA CLEMENTE, et al., Case No.: BC60054 Z Deputy
Plaintiffs, Hearing Date: 9/19/16
v Trial Date: ‘None set
F
ANTHONY GAUDENTI, et al., {TENFAFP¥E] RULING RE:
Defendants. Plaintiff's Motion for Leave to File a First
Amended Complaint
Background
According to the allegations, defendant, while holding power of attorney, obtained an
unauthorized advance on plaintiff's home equity or reverse mortgage in the amount of
$256,550.12, which he distributed to himself on August 12,2014. On November 10, 2015,
plaintiffs filed a complaint for (1) breach of contract, (2) fraud, (3) elder financial abuse, (4)
money had and received, (5) accounting, and (6) intentional infliction of emotional distress. On
January 21, 2015, defendant filed an answer.
On August 19, 2016, plaintiff filed the instant unopposed motion to file a first amended
omplaint. The Court considered the moving papers and rules as follows.
Procedural Requirements
A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or
amended pleading, which must be serially numbered to differentiate it from previous pleadings
or amendments; (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; (3)
state what allegations are proposed to be added to the previous pleading, if any, and where, by
page, paragraph, and line number, the additional allegations are located. CRC, rule 3.1324(a).
The motion must also be accompanied by 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. CRC, rule 3.1324(b).
a Procedural Requirements Analysi
~-
hit
Here, plaintiff submits a copy of the proposed first amended complaint. Although the moving
papers do not explicitly by page, paragraph, and line number identify the allegations to be added
or deleted, the gist of the proposed amendment is clearly stated as adding allegations of
conspiracy between defendant Gaudenti and Loguercio, to substitute Loguercio for Doe 1,
substitute Flora Leanos as plaintiff in lieu of Lida Clemente, and make minor clarifications and
corrections. Additionally, counsel’s declaration indicates does otherwise properly identify the
allegations to be added and deleted. Gordon Decl. § 1, A-H.
Preview
I Superior Court of California 5 FILED Sup erior Court of Californi County of Los Angeles ‘Ounty of Los Angeles a Department 51 SEP 19 2016 Sherri R. Caner, ive Officer/Clerk LIDA CLEMENTE, et al., Case No.: BC60054 Z Deputy Plaintiffs, Hearing Date: 9/19/16 v Trial Date: ‘None set F ANTHONY GAUDENTI, et al., {TENFAFP¥E] RULING RE: Defendants. Plaintiff's Motion for Leave to File a First Amended Complaint Background According to the allegations, defendant, while holding power of attorney, obtained an unauthorized advance on plaintiff's home equity or reverse mortgage in the amount of $256,550.12, which he distributed to himself on August 12,2014. On November 10, 2015, plaintiffs filed a complaint for (1) breach of contract, (2) fraud, (3) elder financial abuse, (4) money had and received, (5) accounting, and (6) intentional infliction of emotional distress. On January 21, 2015, defendant filed an answer. On August 19, 2016, plaintiff filed the instant unopposed motion to file a first amended omplaint. The Court considered the moving papers and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (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; (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. CRC, rule 3.1324(a). The motion must also be accompanied by 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. CRC, rule 3.1324(b). a Procedural Requirements Analysi ~- hit Here, plaintiff submits a copy of the proposed first amended complaint. Although the moving papers do not explicitly by page, paragraph, and line number identify the allegations to be added or deleted, the gist of the proposed amendment is clearly stated as adding allegations of conspiracy between defendant Gaudenti and Loguercio, to substitute Loguercio for Doe 1, substitute Flora Leanos as plaintiff in lieu of Lida Clemente, and make minor clarifications and corrections. Additionally, counsel’s declaration indicates does otherwise properly identify the allegations to be added and deleted. Gordon Decl. § 1, A-H.