Plaintiff moves to file a further amended complaint. The motion is opposed by Whirlpool and Racquet Club Villa Home Owners Association ("HOA"). The Vessas do not oppose the motion.
The proposed amendment would modify three paragraphs of the complaint. The principal object of these amendments is to plead a factual basis for a finding of a delayed accrual of the limitations period. Plaintiff's motion appears to be offered in response to the statute of limitations arguments that the Vessas, Whirlpool and the HOA advanced in their summary judgment motions.
"A trial court may allow the amendment of a pleading at any time up to and including trial. (Code Civ. Proc., §§ 576, 473, subd. (a)(1).) Leave to amend to conform to proof at trial ordinarily should be liberally granted unless the opposing party would be prejudiced by the amendment." (Faigin v. Signature Group Holdings, Inc. (2012) 211 Cal.App.4th 726, 736.)
The court perceives little prejudice to the defendants from the amendment. The