Motion: Plaintiff’s Motion to Amend Complaint
Tentative Ruling:
To grant, with plaintiff granted 10 days’ leave to file the Second Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations are to be set in boldface type. Explanation:
Motions for leave to amend the pleadings are directed to the sound discretion of the judge. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . .” (Code Civ. Proc. § 473, subd. (a)(1); see also Code Civ. Proc. § 576.) Judicial policy favors resolution of cases on the merits, and thus the court’s discretion as to allowing amendments will usually be exercised in favor of permitting amendments.
The validity of the proposed amended pleading is not considered in deciding whether to grant leave to amend. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) Therefore, defendant’s evidence prese