SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE – PALM SPRINGS COURTHOUSE
UNLIMITED CIVIL CASE
JOHN GOINS, an individual; and GBGB §
MEDIA, a California Corporation §
Plaintiff, §
§
v. § Case No.: PSC1803464
§
DAVID BRYAN PORTENER; GARRY §
SAGE; JUDY SAGE; ELLIS HOSPITALITY; §
PEN & PALETTE SOLUTIONS; and §
DOES 1 through 16, inclusive. §
Defendant. §
NOTICE OF PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT
You are notified that on the _____ day of February, 2022 at __________ (am/pm), or as soon thereafter as Plaintiff can be heard, in Courtroom ___of the Superior Court of the State of California for the County of Riverside at the Palm Springs Courthouse, Plaintiff will bring on for hearing his Motion for Leave to Amend Complaint for the reasons stated in the attached Motion.
Dated this _____ day of February, 2022.
Respectfully Submitted,
___________________________________
John Goins
Plaintiff in pro per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE – PALM SPRINGS COURTHOUSE
UNLIMITED CIVIL CASE
JOHN GOINS, an individual; and GBGB §
MEDIA, a California Corporation §
Plaintiff, §
§
v. § Case No.: PSC1803464
§
DAVID BRYAN PORTENER; GARRY §
SAGE; JUDY SAGE; ELLIS HOSPITALITY; §
PEN & PALETTE SOLUTIONS; and §
DOES 1 through 16, inclusive. §
Defendant. §
MOTION FOR LEAVE TO AMEND COMPLAINT
NOW COMES John Goins, Plaintiff, and files this Motion to Amend Complaint, and hereby avers as follows:
California Code of Civil Procedure § 473(a)(1) provides as follows: “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.”
In Plaintiff’s Complaint, he stated that he would amend his Complaint when he ascertained the names of DOES 1-20, inclusive. Plaintiff has ascertained the names of four defendants: Garry Sage, Judy Sage, Ellis Hospitality, and Pen & Palette Solutions. If this Motion is granted, the proposed Amended Complaint will reflect the names of these parties. These are not new defendants. They are DOES 1-5 whose names have been ascertained by Plaintiff.
There is no unfair surprise or other prejudice to Defendant in reflecting the names of Garry Sage, Judy Sage, Ellis Hospitality, and Pen & Palette Solutions.
The proposed Amended Complaint does not change the nature of the relief requested. It is filed in good faith as soon as reasonably possible. The filing of the Amended Complaint will not delay this suit in any manner.
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 (see, e.g., Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-297 [216 Cal. Rptr. 443, 702 P.2d 601]; Higgins v. Del Faro (1981) 123 Cal. App.3d 558, 564 [176 Cal. Rptr. 704]; Hirsa v. Superior Court (1981) 118 Cal. App.3d 486, 488-489 [173 Cal. Rptr. 418]), this policy should be applied only “[w]here no prejudice is shown to the adverse party….” (Higgins v. Del Faro, supra, at p. 564.).
Plaintiff urges this Court to permit the amendment to the Complaint as no other party to this case will be prejudiced.
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to grant this Motion for Leave to Amend Complaint and subsequently allow Plaintiff to file the Amended Complaint.
Dated this _____ day of February, 2022.
Respectfully Submitted,
___________________________________
John Goins
Plaintiff in pro per
VERIFICATION
I, John Goins, being duly sworn depose and say that I have read the foregoing Motion for Leave to Amend Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of February, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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