Plaintiff Michlin Durazo brings this motion, seeking leave to file a First Amended Complaint. "While a motion to permit an amendment to a pleading to be filed is one addressed to the discretion of the court ... it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case ... If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion." Calif. Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278, disapproved on other grounds in Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390.
Plaintiff's motion is timely made and defendant will not be prejudiced by the granting of this motion. As noted in last
Hearing Date
November 08, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Plaintiff Michlin Durazo brings this motion, seeking leave to file a First Amended Complaint. "While a motion to permit an amendment to a pleading to be filed is one addressed to the discretion of the court ... it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case ... If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion." Calif. Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278, disapproved on other grounds in Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390.
Plaintiff's motion is timely made and defendant will not be prejudiced by the granting of this motion. As noted in last