Dea Latis, a partnership (“Plaintiff”) filed this action for fraud, unfair business practices, and constructive trust against Rich Howe (“Defendant”), on January 28, 2019. Defendant filed his answer on April 4, 2019.
The parties mediated on February 27, 2020 but were unable to come to a settlement. (Gentry Decl., ¶ 4.)
Plaintiff now moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant’s counsel of record, but no opposition was filed.
Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10.
Plaintiff’s motion includes a detailed appendix of the proposed changes to the complaint, as well as a redlined and clean copy of the proposed FAC. (Gentry Decl., ¶ 5; Exhs. A, B.)
Plaintiff argues that allowing
Hearing Date
October 01, 2020
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Dea Latis, a partnership (“Plaintiff”) filed this action for fraud, unfair business practices, and constructive trust against Rich Howe (“Defendant”), on January 28, 2019. Defendant filed his answer on April 4, 2019.
The parties mediated on February 27, 2020 but were unable to come to a settlement. (Gentry Decl., ¶ 4.)
Plaintiff now moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant’s counsel of record, but no opposition was filed.
Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10.
Plaintiff’s motion includes a detailed appendix of the proposed changes to the complaint, as well as a redlined and clean copy of the proposed FAC. (Gentry Decl., ¶ 5; Exhs. A, B.)
Plaintiff argues that allowing