Party Notice: JOSE NUNEZ VS HEALTH NET INC ET AL

• 
• 

						
                                
Preview
                                Superior Court of Californi:
                                                                                            FILED         omnia.
                                                                                 Su}


                                        County of Los Angeles                              OCT -2 2duiy
                                                                                                                     lerk
                                           Department 61                 Shern         F
                                                                                                                   jeputy
                                                                          By
                                                                                              tein
JOSE NUNEZ,                                         Case No.:   BC688713
               Plaintiff,                           Hearing Date: September 19, 2019
        ¥.                                          RULING RE:
HEALTH NET, INC., et al.,                          PLAINTIFF JOSE NUNEZ’S MOTION FOR
                                                    EAVE TO FILE THIRD AMENDED
               Defendants.
                                                    OMPLAINT

Plaintiff Jose Nunez’s Motion for Leave to File Third Amended Complaint is DENIED.

    I        MOTION     FOR LEAVE TO AMEND              CROSS-COMPLAINT

Code Civ. Proc. section 473 subd. (a)(1) states that:

        The court may, in furtherance   of justice, and on any terms as may be proper, allow
        a party to amend any pleading    or proceeding by adding or striking out the name of
        any party, or by correcting a   mistake in the name of a party, or a mistake in any
        other respect; and may, upon    like terms, enlarge the time for answer or demurrer.
        The court may likewise, in its discretion, after notice to the adverse party, allow,
        upon any terms as may be just, an amendment to any pleading or proceeding in
        other particulars; and may upon like terms allow an answer to be made after the
        time limited by this code.

“The trial court has discretion to permit or deny the amendment of the complaint, but instances
justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v.
Mueller Co. (2006) 142 Cal.App.4th 636, 642.)
“Although courts are bound to apply a policy of great liberality in permitting amendments to the
complaint at any stage of the proceedings, up to and including trial [Citations], this policy should
be applied only ‘[w]here no prejudice is shown to the adverse party . . .’ [Citation.] A different
result is indicated ‘[w]here inexcusable delay and probable prejudice to the opposing party’ is
shown. [Citation.]” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.)

Pursuant to California Rule of Court Rule 3.1324, “[a] motion to amend a pleading before trial
must: (1)Include a copy of the proposed amendment or amended pleading, which must be
serially numbered to differentiate it from previous pleadings or amendments; (2) State what
allegations in the previous pleading are proposed to be deleted, if any, and where, by page,
paragraph, and line number, the deleted allegations are located; and (3)State what allegations are
proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line
number, the additional allegations are located.”