Case Number: BC713533 Hearing Date: January 15, 2019 Dept: 56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
|CITY OF MONTEBELLO,
ALL PERSONS INTERESTED IN THE MATTER OF the Request for Proposals for an Exclusive Contract for Residential Solid
Waste Collection and Hauling in the City of Montebello, the Evaluation of Proposals Received for an Exclusive Contract for Residential Solid Waste Collection and Hauling in the City of Montebello, the Awarding of an Exclusive Contract for Residential Solid Waste Collection and Hauling in the City of Montebello, and Proceedings Related thereto, ARAKELIAN ENTERPRISES, INC., and DOES 1-10, inclusive,
| CASE NO.: BC713533
[TENTATIVE] ORDER RE:
MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
January 15, 2019
This is an action in which Plaintiff City of Montebello seeks a judicial determination as to whether its exclusive contract for residential waste collection and hauling with Defendants has been properly terminated such that it can, pursuant to a voter initiative, seek a new contract via a bidding process. On July 20, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) determination of validity, and (2) declaratory relief. On August 14, 2018, Plaintiff dismissed its first cause of action without prejudice.
Plaintiff seeks leave to file a second amended complaint adding new legal theories and editing allegations which have become unintelligible after Defendants’ motion to strike.
Defendants do not substantively oppose the Motion, but argue that the sequence of Plaintiff’s actions—specifically, an unsuccessful meet and confer followed by the failure to oppose Defendants’ motion to strike followed now by a motion for leave to amend—has wasted judicial resources and time. The Court agrees with this point.
On the other hand, because there would be no prejudice stemming from the proposed amendments, the Motion for Leave to File a Second Amended Complaint is GRANTED.
Plaintiff is ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 15th day of January 2019
|Hon. Holly J. Fujie
Judge of the Superior Court