1. CV55289 Wayne Russo, et al. v. Rosalinda San Martin, et al.
Motion: Leave to file fifth amended complaint
Moving party: Plaintiff Wayne R. Russo
Motion filed: May 4, 2018
Tentative ruling: The motion is DENIED.
Analysis
The motion fails to meet the requirements of California Rules of Court, rule 3.1324.
Subdivision (a)(3) requires that the motion state what allegations are proposed to be added and to identify them by page, paragraph, and line number. This was not done. Subdivision (b)(3) requires a declaration setting forth when the facts giving rise to the amended allegations were discovered. This requirement is not adequately addressed in Mr. Russo’s declaration. Subdivision (b)(4) mandates that a declaration must set forth the reasons why the request for amendment was not made sooner. Mr. Russo’s declaration does not satisfy this requirement.
This case has been pending for six years. The Court has lost track of how many different attorneys representing Mr. Russo have pass