Nassif, et al. v. Mission Pools of Escondido, et al.

Case No.: 30-2016-00880613-CU-CO-CJC     Track Rulings In Case

Plaintiffs Julie Nassif’s and Toby Nassif’s motion for leave to file a second amended complaint is denied.


Plaintiffs’ request for judicial notice of the First Amended Complaint filed in the instant action is denied as unnecessary. “[A]ll that is necessary is to call the court’s attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017) ¶ 9.53.1a.)


Motions for leave to amend pleadings are directed to the sound discretion of the court. “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.) The court’s discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment is so strong that d........