Motion: Plaintiff’s Motion to Amend Complaint
Tentative Ruling:
To grant. Plaintiff is granted 10 days’ leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must 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. This policy is so strong, that denial of a request to amend is rarely justified, particularly where “the motion to amend is timely made and the granting of the motion will not prejudice the opposing party.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527,