Judge: Wesley L. Hsu, Case: 20STCV24771, Date: 2023-04-26 Tentative Ruling

Case Number: 20STCV24771    Hearing Date: April 26, 2023    Dept: L

Plaintiffs A.C., a minor, by and through her Guardian ad Litem, Evangelina Hernandez, E.C., a minor, by and through his Guardian ad Litem, Evangelina Hernandez, and R.C., a minor, by and through his Guardian ad Litem, Evangelina Hernandez’s motion for leave to amend is GRANTED, but not until the period of May 11, 2023, and May 31, 2023.

 

BACKGROUND

 

The matter arises out of the death of Noah Cuatro (“Noah”) resulting from the alleged failure of defendants County of Los Angeles (“Defendant County”) and Hathaway-Sycamores Child and Family Services’ (“Defendant Hathaway”) failure to remove Cuatro from his parents’ custody. This action is brought by A.C., E.C., R.C. (“minor Plaintiffs”), siblings of Noah, and Evangelia Hernandez (“Hernandez”), grandmother of Noah and guardian ad litem of minor Plaintiffs. The initial complaint was filed on July 1, 2020. After multiple demurrers and a motion for judgment on the pleadings, the operative Fourth Amended Complaint was filed on November 14, 2022.

 

The Fourth Amended Complaint asserts causes of action for:              

1.                  Wrongful Death against Defendant County

2.                  Negligence against Defendant County

3.                  Wrongful Death – Negligent Retention & Supervision against Defendant County

4.                  Wrongful Death – Negligence, against Defendant Hathaway

5.                  Survival Action – Negligence against Defendant Hathaway

6.                  Survival Action – Negligence against Defendant County

7.                  Wrongful Death – Negligence against Does 31-60

 

On April 3, 2023, Plaintiffs A.C., E.C., and R.C., brought this Motion for Leave to File Fifth Amended Complaint.


ANALYSIS

 

Plaintiffs A.C., a minor, by and through her Guardian ad Litem, Evangelina Hernandez, E.C., a minor, by and through his Guardian ad Litem, Evangelina Hernandez, and R.C., a minor, by and through his Guardian ad Litem, Evangelina Hernandez’s motion for leave to amend is GRANTED.

 

Evidentiary Objections: Defendant County’s evidentiary objections are overruled in their entirety. Specifically, as to the objections to the declarations of Ms. Hernandez and Mathew Hernandez as immaterial.

 

Plaintiffs A.C., E.C., and R.C. (“Plaintiffs”) move for leave to a fifth amended complaint to add individual claims relating to abuse and neglect suffered by each of them. Plaintiffs represent that recently, in February and March 2023, facts came to light that Plaintiffs A.C., E.C., and R.C. were also subjected to abuse and neglect, and that the County of Los Angeles (“County”) had a reasonable suspicion that they were being abused and neglected yet breached their mandatory duty and failed to report the suspicions.

 

CCP § 473(a)(1) states: “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.” 

 

Judicial policy favors resolution of all disputed matters between the parties and, therefore, the courts have held that “there is a strong policy in favor of liberal allowance of amendments.” (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-97; see also Ventura v. ABM Industries, Inc. (2013) 212 Cal.App.4th 258, 268) [“Trial 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 where the adverse party will not be prejudiced.”].)

 

Pursuant to CRC 3.1324(a), a motion to amend must: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered; and (2) state what allegations are proposed to be deleted from or added to the previous pleading and where such allegations are located.  CRC 3.1324(b) requires a separate declaration that accompanies the motion, stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reason why the request for amendment was not made earlier. 

 

Plaintiff has complied with the procedural requirements of CRC 3.1324(a). Plaintiff has also submitted the declaration of counsel in compliance with CRC 3.1324(b). Counsel represents that the purpose of the proposed amendments is for justice to be served on behalf of Minor Plaintiffs A.C., E.C., and R.C and Defendant County to be held responsible for its actions which caused at a minimum trauma to the children, but which could have also resulted in delays in cognitive development. The proposed amendments have the effect of creating a new negligence cause of action in Plaintiffs’ Proposed Fifth Amendment Complaint. The proposed amendments are necessary and proper to address and adjudicate allegations of abuse and neglect that have come to light to have been perpetrated against A.C., E.C., and R.C. as a result of County’s negligence and breach of mandatory duties. The facts giving rise to the proposed amendments were discovered in mid-February and March 2023 when the deposition of County employee Lizbeth Hernandez Aviles was taken on February 17, 2023 and simultaneously Plaintiff E.C. began disclosing the abuse he and his siblings had suffered. The request for amendment was not made earlier because the facts leading to the proposed amendments first came to light between mid-February and March 2023. The facts that came to light were not included in previous DCFS records that had been produced to the parties to this action. (Claypool Decl., ¶¶ 5-8.)

           

Defendant County opposes the motion arguing that Plaintiffs should have known the facts giving rise to the claims earlier and referenced abuse linked to domestic violence and claimed physical abuse in their governmental claims. However, Defendants do not point to anything specific and Plaintiffs argue in reply that Hernandez did not have access to Plaintiffs until 2022, and E.C. did not make disclosures until February/March 2023. Further, the juvenile case materials available to Plaintiffs did not include sufficient facts for these claims. Lastly, it was not until the deposition of social worker Lizbeth Hernandez Aviles in February 2023 that an actionable claim for breach of mandatory duty became known because it was learned for the first that County had a reasonable suspicion of the abuse and neglect and yet did not report suspicions which is required by law.

 

Defendant County also opposes the motion based on the claims being time barred. As to the time barred argument, the Court declines to consider the validity of the proposed amended pleading in ruling on this motion for leave since grounds for a demurrer or motion to strike are premature.

 

The Court notes that there is a pending demurrer with motion to strike set for May 10, 2023 and a trial setting conference for the same date. Accordingly, the Court does not find prejudice from the amendment.

 

In light of the liberal policy allowing amendment, the motion is granted, , but not until the period of May 11, 2023, and May 31, 2023.