Motion: by plaintiffs for leave to file Third Amended Complaint.
Tentative Ruling:
To deny, without prejudice to filing an amended pleading as stipulated to by defendant, and without prejudice to a motion for leave to file a supplemental pleading. Explanation:
Code of Civil Procedure section 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 . . .” Code of Civil Procedure section 576 states: “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.”
The amendment stipulated to by defendant, to add CalAtlantic Title, Inc. “formerly known as North American Title Inc.” is appropriate, as the evidence shows such is the new