Plaintiff’s Motion for Leave to File 1st Amended Complaint.
Plaintiff filed a “cross-cross-complaint” against defendant. Defendant moved to strike the “cross-cross complaint” as procedurally improper. The court’s tentative ruling was to grant the motion to strike and oral argument was set for hearing on August 28, 2020. Having heard oral argument and considered the matter, the court granted the motion to strike on September 1, 2020.
In the interim, on August 26, 2020 plaintiff filed a motion for leave to file a 1st amended complaint. Plaintiff moves for leave to amend the complaint to add a cause of action for elder abuse against defendant. A proposed 1st amended complaint has been submitted. The proof of service in the court’s file declares that on August 26, 2020 notice of the hearing and copies of the moving papers were served by email to defense counsel. Defendant Mendonsa filed her opposition to the motion on September 28, 2020, a mere four days prior to the October 2, 2020 hearin