Plaintiffs’ Motion for Leave to File Second Amended Complaint is granted. Plaintiffs must file their Second Amended Complaint as a separate document within one week. However, pursuant to CCP §473(a)(1), plaintiffs must pay defendants Genova Customs, LLC, Robert B. Cook and Joshua L. Hunter (jointly) the sum of $7,346.40 within 30 days, a term this court considers just in connection with this motion. Defendants’ Demurrer to First Amended Complaint is deemed moot by virtue of the amended pleading and is ordered off calendar.
California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461.
Plaintiffs are not changing the nature of this case, and their new allegations are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendants, since the new allegations are closely related to
Hearing Date
July 02, 2020
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Plaintiffs’ Motion for Leave to File Second Amended Complaint is granted. Plaintiffs must file their Second Amended Complaint as a separate document within one week. However, pursuant to CCP §473(a)(1), plaintiffs must pay defendants Genova Customs, LLC, Robert B. Cook and Joshua L. Hunter (jointly) the sum of $7,346.40 within 30 days, a term this court considers just in connection with this motion. Defendants’ Demurrer to First Amended Complaint is deemed moot by virtue of the amended pleading and is ordered off calendar.
California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461.
Plaintiffs are not changing the nature of this case, and their new allegations are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendants, since the new allegations are closely related to