The motion of Plaintiffs Laura M. Knox, individually and as Trustee for Laura M. Knox Revocable Trust and Scott Raphael for leave to file a first amended complaint is granted.
Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court’s discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, Plaintiff has complied with California Rule of Court 3.1324, including a copy of the proposed FAC with the detailed motion and declaration stating the exact amendments, and circumstances giving rise to the amendments.
It appears that the parties have agreed to shorten the time for notice of Defendants’ anticipated motion for summary adjudication from 75 days to 35 days, alleviating Defendants’ concerns that precipitated their request for a 60-day trial continuance in their opposition. As a result, the Court declines to continue trial at this time. If the parties wish to put certain details regarding their agreement on the record, they may appear at the hearing, or alternatively file a stipulation with the Court.
No later than May 26, 2017, Plaintiffs shall electronically file the first amended complaint. Plaintiffs shall serve the first amended complaint pursuant to the Code of Civil Procedure.
Plaintiffs shall give notice of the ruling.