SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant
|
Case No.: 19STCV42312
Judge: Honorable Audra Mori Dept: 31 NOTICE OF MOTION FOR LEAVE TO FILE FIRST AMMENDED COMPLAINT |
NOTICE OF MOTION
To Defendant, to ALL Attorneys of Record, to this Honorable Court:
NOTICE IS HEREBY GIVEN that on ______________, 2022, at ___________ __.m., or as soon thereafter as the matter may be heard, in Department 31 of this court, located at [Enter Court’s Address] , Plaintiff will move for an order that she be allowed to file her first Amended Complaint.
The Motion will be based on the grounds that the Plaintiff needs to replace the name of Defendant Toby Wank with the Estate of Toby Wank (deceased).
Further, the motion will be based on this Notice of Motion, the Memorandum in Support, the Plaintiff’s Declaration in Support, and on the records and file herein, and on such evidence as may be presented at the hearing of the motions.
Dated: __________
______________________________
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant
|
Case No.: 19STCV42312
Judge: Honorable Audra Mori Dept: 31 MOTION FOR LEAVE TO FILE FIRST AMMENDED COMPLAINT |
MOTION FOR LEAVE TO FILE FIRST AMMENDED COMPLAINT
NOW COMES, SEAN RASHTI Plaintiff, proceeding Pro Se, pursuant to CCP § 473(a) who hereby moves this Court to grant Plaintiff leave to amend his Complaint.
Plaintiff has complied with California Rule of Court 3.1324(a) 1-3 in that a copy of the proposed Amendment/Amended Complaint is attached as Exhibit “1”. Plaintiff has also complied with California Rule of Court 3.1324(b)1-4 in that the declaration in Support of the Motion for Leave to File Amended Complaint is attached hereto.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
- It is in the furtherance of justice for this Court to grant the leave to Amend
“The Court may, in the furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” CCP § 473(a)(1); see also McKenney v. Purepac Pharm Co. (2008) 167 Cal. App. 4th 72, 78.
Granting the leave to file the Amended Complaint would be in the interest of justice in that Plaintiff needs to replace the name of Defendant Toby Wank with the Estate of Toby Wank (deceased). Plaintiff was notified by the Defendant’s attorney that Defendant Toy Wank had died on or about January 9, 2021.
- The established policy of this state for over 100 years that amendments should be liberally permitted at any stage of the proceeding.
Numerous decisions of the California Supreme Court and Courts of Appeal have stated that permitting amendments in the furtherance of justice is to be liberally permitted any stage of the proceeding.
“This statutory provision giving the courts the power to permit amendments in furtherance of justice has received a very liberal interpretation by the courts of this state.” Klopstock v. Superior Ct. (1941) 17 Cal.2d 13, 19; see also Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939. Courts apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings up to and including trial. See Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-97.
In fact liberal amendment of pleadings has been the established policy of California since 1901. “That the trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy of this state since 1901.” Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488-89.
For the aforesaid reason, Plaintiff prays this Court grant the leave to file the first amended complaint in furtherance of this Court’s policy to grant liberally permit amendments at any stage of the proceedings.
- The policy favoring leave to amend is so strong that amendment must be permitted unless the adverse party can show meaningful prejudice
The policy favoring leave to amend is so strong that amendment must be permitted unless the adverse party can show meaningful prejudice.
The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice, such as the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; see also Solit v. Taokai Bank, Ltd. (1999) 68 Cal.App.4th 1435, 1448. Unless a showing of prejudice is made by the adverse party even delay alone is not a sufficient reason for denying leave to amend. Absent a showing of such prejudice, delay alone is not grounds for denial of a motion to amend. See Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 1048; see also Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 563-565.
Plaintiff asserts that the Defendant will not suffer any meaningful prejudice in the event this Court grants leave to file the Amended Complaint. Instead, granting leave to file the amended Complaint would give Plaintiff a chance to sue the correct party, in the pursuit of justice.
CONCLUSION
Based on the foregoing facts, arguments, and points of law, the Court is urged grant this motion and allow Plaintiff leave to amend the Complaint.
Dated: __________
______________________________
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant
|
Case No.: 19STCV42312
Judge: Honorable Audra Mori Dept: 31 MOTION FOR LEAVE TO FILE FIRST AMMENDED COMPLAINT |
DECLRATION IN SUPPORT OF MOTION FOR LEAVE TO FILE FIRST AMMENDED COMPLAINT
DECLARATION OF SEAN RASHTI
I, SEAN RASHTI, declare as follows:
- I am the Plaintiff in the above-entitled proceedings and, as such, I have knowledge of the matters contained herein and they are true and correct of my own personal knowledge, except for those matters stated upon information and belief as to those matters, I believe them to be true and correct. If called and sworn as a witness, I could and would testify competently thereto.
- I am over the age of 18 years. I have knowledge of the facts contained in this declaration, and if called as a witness could and would testify competently to the facts as stated herein.
- I make this declaration in support of the motion for leave to file a First Amended Complaint. A true and correct copy of said proposed amended pleading is attached hereto as Exhibit “1” and incorporated herein by reference.
- Plaintiff has complied with California Rule of Court 3.1324(a)1-3 in that the following amendment is proposed to the caption/title of the case:
- Replacing the name of Defendant Toby Wank with the Estate of Toby Wank (Deceased)
- Plaintiff has complied with California Rule of Court 3.1324(b)1-4 in that the proposed amendment will replace the name of the Defendant. Plaintiff was notified by the Defendant’s attorney that Defendant Toy Wank had died on or about January 9, 2021.
- The Defendant will not suffer any meaningful prejudice if the motion is granted.
- I respectfully request that the Court grant the motion to allow leave to file the first Amended Complaint.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________, at __________________________, California.
______________________________
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724
CERTIFICATE OF SERVICE
I hereby certify that on _______ a copy of this motion has been sent to the Defendant in the following address:
____via U.S. MAIL
____via OVERNIGHT DELIVERY SERVICE
____via FACSIMILE
__ _via E-MAIL
Dustin J. Lee, State Bar No. 270260
MARK R. WEINER & ASSOCIATES
Employees of the Law Department
State Farm Mutual Automobile Insurance Company
655 North Central Avenue, 12th Floor
Glendale, California 91203-1434
Telephone: (818) 543-4000 / FAX: (855) 396-3606
E-Mail Address: Cali.Law-Glendale@StateFarm.com
Attorneys for defendant Estate of Toby Wank, deceased,
DATED: _____________
______________________________
SEAN RASHTI
5150 Yarmouth Ave. Apt 210
Encino, CA 91315
Cell: 818-448-6500
Fax: 818-705-2724