Plaintiff Dustin Thogmartin 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." Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.

Defendants will be prejudiced by the filing of the proposed First Amended Complaint. The new claims will require additional discovery. It is not known how many people will have to be re-deposed, but it appears that at least plaintiff will n