James and jan, llc, Plaintiff, v. WALTER RIVERA, et. al. Defendants.

Case No.: BC707394

Hearing Date: July 8, 2020

[TENTATIVE] order RE:

motion for leave to file a second amended complaint

Background

A. Complaint

Plaintiff James and Jan, LLC (J&J) commenced this action against Defendants Walter Rivera (Walter), Wilfred Rivera (Wilfred), Alex Rivera, Vladimir Rivera, and Cornerstone Builders, LLC (Cornerstone) (collectively, Rivera Defendants) on May 24, 2018. The operative pleading is the First Amended Complaint (FAC) filed on December 18, 2018. The FAC added two plaintiffs Jeanette Ann Bisno (Jeanette) and Robert H. Bisno (Robert) and two defendants United Specialty Insurance Company (USIC) and AmTrust Financial Services (AFS). The FAC asserts causes of action for (1) breach of contract against Rivera Defendants, (2) breach of contract against Doe Defendants, (3) breach of express warranty against Rivera Defendants, (4) negligence against Rivera Defendants, (5) negligent inflic