Motions: (1) By Plaintiffs for leave to file first amended complaint;
(2) By Defendant Big Valley Labor, Inc., for summary
judgment or, in the alternative, summary adjudication;
Tentative Ruling:
To take the motion for leave to file first amended complaint off calendar; and to grant the motion for summary judgment, with Defendant Big Valley Labor, Inc., to submit directly to this Court, within 5 days of service of the minute order, a proposed judgment consistent with the summary judgment order.
Explanation:
Motion to amend
The motion for leave to amend was never filed and paid for. Although it appears that Big Valley Labor, Inc. (“Big Valley”) waived notice at the ex parte hearing, none of the other parties were at that hearing, and more importantly, none of them waived notice. This includes the Plaintiff in Intervention, Insurance Company of the West, and Edendale, LLC, and Smokey Jack, LP, as Defendants in the complaint in intervention. An order shortening time is simply a court orde