In the case of Slice, Slice Baby, LLC v. Armetta, No. 2019-CV-153 (C.P. Lacka. Co. Nov. 8, 2024, Nealon, J.), the court addressed various issues in a case involving a dispute over issues regarding a lease agreement involving a pizza restaurant.
Among the issues addressed by the court was whether a Plaintiff may secure leave of court to amend the Complaint to assert new causes of action after the statute of limitations on the claims presented have expired.
In this case, the Plaintiff filed a motion seeking leave of court to amend the Complaint to assert five new causes of action and to include four additional Defendants.
Judge Nealon reviewed the case and the applicable statute of limitations and ruled that the limitations period had expired on four of the five new claims and, as such, those claims were not permitted. The court did allow the Plaintiff to assert a new cause of action for breach of the implied covenant of good faith and fair dealing against one additional Defendant.
Relative to the Defendant’s Motion for a Judgment of Non Pros based upon the Plaintiff’s failure to litigate this action with reasonable promptitude, after reviewing the record before him, Judge Nealon noted that the Defendant had not identified any prejudice that the Defendant had suffered as a result of the Plaintiff’s lack of reasonable diligence in pushing this litigation ahead. As such, the Defendant’s Motion for Judgment for Non Pros was denied.
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