Defendant's motion for leave to file a first amended answer is granted. The Court's discretion must be exercised liberally to permit amendments. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486. If a motion is timely made and the granting of the motion will not prejudice the opposing party, it is error for the court to deny leave to amend. Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530. Defendant did not unreasonably delay in bringing this motion as the settlement of the class action lawsuits, which give rise to the affirmative defenses, was not finalized until May 2021. Plaintiff has also failed to make a sufficient showing as to how she will be prejudiced by the amendment.
The first amended answer is deemed filed and served as of 8/20/21.
Hearing Date
August 19, 2021
Category
Civil - Unlimited
Type
Misc Complaints - Other
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Defendant's motion for leave to file a first amended answer is granted. The Court's discretion must be exercised liberally to permit amendments. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486. If a motion is timely made and the granting of the motion will not prejudice the opposing party, it is error for the court to deny leave to amend. Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530. Defendant did not unreasonably delay in bringing this motion as the settlement of the class action lawsuits, which give rise to the affirmative defenses, was not finalized until May 2021. Plaintiff has also failed to make a sufficient showing as to how she will be prejudiced by the amendment.
The first amended answer is deemed filed and served as of 8/20/21.