Nature of Proceedings: Motion: Leave to Amend
The court grants the motion of cross-complainants James Bell and Karen Bell for leave to amend the 21st, 22nd and 24th causes of action in the third amended cross-complaint with the following conditions: 1) on or before September 4, 2012, Bell shall file a Fourth Amended Cross-Complaint, incorporating the amendments permitted on April 5, 2012 and those amendments presented with the instant motion; and 2) if cross-defendants Armstrong Associates, Inc. and Earl V. Armstrong, III are required to depose witnesses previously deposed or if Bell chooses to depose such witnesses, Bell shall reimburse Armstrong for any witness fees and mileage incurred, the costs and attorney fees incurred in travelling to the deposition and any fixed fee or charge (as opposed to time and transcription costs) charged by the reporter for the deposition.
This is an action for breach of contract, open book account, and quantum meruit arising out of