On April 25, 2018 a
Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO AMEND MOTION FOR LEAVE TO AMEN...)
was filed
involving a dispute between
Estate Of Mirna Saz,
Herrera Andrea N.,
and
Bienaime Michael Rene,
Bienaime Yvonne,
Martinez Carlos Aguilar,
Martinez Elizabeth,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Spring Street Courthouse, Department 3
BC703558 July 2, 2019
ESTATE OF MIRNA SAZ ET AL VS MICHAEL RENE 1:30 PM
BIENAIME ET AL
Judge: Honorable Jon R. Takasugi CSR: None
Judicial Assistant: A. Danelian ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): Melianie Cockrum for Chad Michael Slack (Telephonic)
NATURE OF PROCEEDINGS: Hearing on Motion for Leave to Amend Motion for Leave to
Amend Answer
The Court's tentative ruling is posted online for parties to review.
The above matter is not called for hearing.
The Court has read and considered all documents filed hereto regarding the above-captioned
Motion and provides counsel with its written Tentative Ruling. Defendant's counsel submits to
the Court's tentative ruling and there are no appearances made for or by the plaintiff. The Court
adopts its tentative ruling set forth below as the Final Ruling:
The Motion for Leave to Amend Motion for Leave to Amend Answer filed by Michael Rene
Bienaime on 06/05/2019 is Granted.
1. Background Facts
Plaintiffs, Estate of Mirna Saz, et al. filed this action against Defendants, Michael Rene
Bienaime, et al. for damages arising out of an automobile accident involving two vehicles and
four pedestrians. Plaintiffs filed their complaint on 4/25/18. Moving Defendant, Bienaime, filed
an answer on 1/25/19.
2. Motion for Leave to File Amended Answer
a. Law Governing Amended Answer
The court may, in furtherance of justice, and on such terms as may be proper, allow a party to
amend any pleading. CCP §§473 and 576. Judicial policy favors resolution of all disputed
matters between the parties and, therefore, leave to amend is generally liberally granted.
Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on
a motion for leave since grounds for a demurrer or motion to strike are premature. However, the
Minute Order Page 1 of 2
Document Filed Date
July 02, 2019
Case Filing Date
April 25, 2018
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 10/25/2019
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 3 BC703558 July 2, 2019 ESTATE OF MIRNA SAZ ET AL VS MICHAEL RENE 1:30 PM BIENAIME ET AL Judge: Honorable Jon R. Takasugi CSR: None Judicial Assistant: A. Danelian ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): Melianie Cockrum for Chad Michael Slack (Telephonic) NATURE OF PROCEEDINGS: Hearing on Motion for Leave to Amend Motion for Leave to Amend Answer The Court's tentative ruling is posted online for parties to review. The above matter is not called for hearing. The Court has read and considered all documents filed hereto regarding the above-captioned Motion and provides counsel with its written Tentative Ruling. Defendant's counsel submits to the Court's tentative ruling and there are no appearances made for or by the plaintiff. The Court adopts its tentative ruling set forth below as the Final Ruling: The Motion for Leave to Amend Motion for Leave to Amend Answer filed by Michael Rene Bienaime on 06/05/2019 is Granted. 1. Background Facts Plaintiffs, Estate of Mirna Saz, et al. filed this action against Defendants, Michael Rene Bienaime, et al. for damages arising out of an automobile accident involving two vehicles and four pedestrians. Plaintiffs filed their complaint on 4/25/18. Moving Defendant, Bienaime, filed an answer on 1/25/19. 2. Motion for Leave to File Amended Answer a. Law Governing Amended Answer The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. CCP §§473 and 576. Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted. Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature. However, the Minute Order Page 1 of 2