Motion for Leave to Amend
Tentative Ruling: Plaintiff, Birch Gold Group, LP’s Motion for Leave to Amend is GRANTED in part.
Plaintiff has withdrawn its request to add a cause of action for breach of fiduciary duty with punitive damages. (See Supplemental Decl. Rasheed ¶¶ 5-6.)
The motion was timely made and there is no prejudice in granting the motion. The Motion also substantially complies with the CRC 3.1324. The Declaration of Fadi K. Rasheed makes clear the need to amend to substitute the correct Plaintiff, add Smith LC as a Defendant, and correct the name of Defendant did not arise until Plaintiff received responses to Form Interrogatories on or about 10-9-2019. (See Decl. Rasheed ¶ 6-9, 11.) Although Defendants argue that adding an entirely new Plaintiff is improper and untimely, those arguments can be made on demurrer.
Plaintiff to give notice.
Hearing Date
August 11, 2020
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Motion for Leave to Amend
Tentative Ruling: Plaintiff, Birch Gold Group, LP’s Motion for Leave to Amend is GRANTED in part.
Plaintiff has withdrawn its request to add a cause of action for breach of fiduciary duty with punitive damages. (See Supplemental Decl. Rasheed ¶¶ 5-6.)
The motion was timely made and there is no prejudice in granting the motion. The Motion also substantially complies with the CRC 3.1324. The Declaration of Fadi K. Rasheed makes clear the need to amend to substitute the correct Plaintiff, add Smith LC as a Defendant, and correct the name of Defendant did not arise until Plaintiff received responses to Form Interrogatories on or about 10-9-2019. (See Decl. Rasheed ¶ 6-9, 11.) Although Defendants argue that adding an entirely new Plaintiff is improper and untimely, those arguments can be made on demurrer.
Plaintiff to give notice.