J. Flippin v. County of Santa Clara, et al.

Plaintiff brings this motion for leave to file a Third Amended Complaint (TAC), slightly more than four months before the date set for trial (11/26/2018) and less than five months before the mandatory five year period within which the case must be brought to trial, or be dismissed. (12/09/2018; see Code of Civil Procedure §§583.310, et seq.)

The motion is DENIED. The proposed Third Amended Complaint seeks, at this late date, to add a wholly new cause of action for alleged violation of Labor Code §1197.5 (the California Equal Pay Act). Plaintiff’s supporting declaration does not fully and satisfactorily address any of the factors enumerated in California Rules of Court, rule 3.1324(b).

Defendants’ Request for Judicial Notice is granted.

The Court agrees with defendants’ arguments that the proposed new cause of action would add significant new factual allegations for discovery and proof at trial, and a wholly new remedy – without having all........