SHANE MOSLEY SR VS GARY BRAZINA M D ET AL

Case No.: BC709946    

Tentative Ruling

Shane Mosley, Sr. v. Gary Brazina, M.D., Case No. BC709946

Hearing Date October 23, 2020

Plaintiff’s Motion for Leave to Amend Complaint – Supplemental Briefing

Plaintiff moved for leave to file a second amended complaint alleging new causes of action for fraud and battery and seeking punitive damages. Plaintiff’s original complaint contained causes of action for fraud and battery, as well as a claim for punitive damages, but prior counsel withdrew those claims.

The court’s tentative ruling was to grant leave to amend, but both parties were given the opportunity to file supplemental briefing regarding whether Cal. Code of Civ. Proc. §425.13 deprives the court of discretion to grant leave to amend to reallege punitive damages.

Pursuant to Cal. Code of Civ. Proc. §425.13, a court will not grant a motion for filing of an amended pleading that contains a claim for punitive damages if ........