April 14, 2017
40
Civil - Unlimited
Contract - Other
Nelson, Linda (Plaintiff), represented by BARRY E COHEN
Track This PartyAllstate Insurance Co. (Defendant)
Track This PartyAllstate Insurance Company (Defendant), represented by Joshua N Willis
Track This PartyNelson, Linda (Plaintiff), represented by BARRY E COHEN
Track This PartyWhirlpool Corporation (Defendant), represented by BRIAN TAKAHASHI
Track This PartyAllstate Insurance Company (Cross - Defendant), represented by Joshua N Willis
Track This PartyRacquet Club Villa Home Owners Association Inc (Cross - Defendant), represented by JAMES M BARATTA
Track This PartyState Farm Insurance Compa… (Cross - Defendant)
Track This PartyVessa, Pat (Cross - Defendant)
Track This PartyVessa, Phil (Cross - Defendant)
Track This PartyWhirlpool Corporation (Cross - Complainant), represented by BRIAN TAKAHASHI
Track This PartyAllstate Insurance Company (Defendant), represented by Joshua N Willis
Track This PartyNelson, Linda (Plaintiff), represented by BARRY E COHEN
Track This PartyRacquet Club Villa Home Owners Association Inc (Defendant), represented by JAMES M BARATTA
Track This PartyState Farm Insurance Company (Defendant), represented by SANDRA E. STONE
Track This PartyVessa, Pat (Defendant), represented by MICHAEL M. POLLAK
Track This PartyVessa, Phil (Defendant), represented by MICHAEL M. POLLAK
Track This PartyWhirlpool Corporation (Defendant), represented by BRIAN TAKAHASHI
Track This PartyVessa, Pat (Cross - Complainant), represented by MICHAEL M. POLLAK
Track This PartyVessa, Phil (Cross - Complainant), represented by MICHAEL M. POLLAK
Track This PartyWhirlpool Corporation (Cross - Defendant), represented by BRIAN TAKAHASHI
Track This PartyAllstate Insurance Company (Defendant), represented by Joshua N Willis
Track This PartyNelson, Linda (Plaintiff), represented by BARRY E COHEN
Track This PartyRacquet Club Villa Home Owners Association Inc (Defendant), represented by JAMES M BARATTA
Track This PartyState Farm General Insurance Company (Defendant), represented by Jenny J. Chu
Track This PartyState Farm General Insurance Company (Defendant), represented by SANDRA E. STONE
Track This PartyVessa, Pat (Defendant), represented by MICHAEL M. POLLAK
Track This PartyVessa, Phil (Defendant), represented by MICHAEL M. POLLAK
Track This PartyWhirlpool Corporation (Defendant), represented by BRIAN TAKAHASHI
Track This PartyAllstate Insurance Company (Defendant), represented by Joshua N Willis
Track This PartyNelson, Linda (Plaintiff), represented by BARRY E COHEN
Track This PartyRacquet Club Villa Home Owners Association Inc (Defendant), represented by JAMES M BARATTA
Track This PartyState Farm General Insurance Company (Defendant), represented by Jenny J. Chu
Track This PartyState Farm General Insurance Company (Defendant), represented by SANDRA E. STONE
Track This PartyState Farm Insurance Company (Defendant), represented by Jenny J. Chu
Track This PartyState Farm Insurance Company (Defendant), represented by SANDRA E. STONE
Track This PartyVessa, Pat (Defendant), represented by MICHAEL M. POLLAK
Track This PartyVessa, Phil (Defendant), represented by MICHAEL M. POLLAK
Track This PartyWhirlpool Corporation (Defendant), represented by Clinton F. Fletcher
Track This PartyWhirlpool Corporation (Defendant), represented by BRIAN TAKAHASHI
Track This Party2016-11-04T08:15:00
2016-09-07T08:15:00
2016-08-25T08:20:00
2016-08-10T08:20:00
2016-08-05T08:15:00
2016-07-06T08:15:00
2016-04-28T08:15:00
2016-03-28T08:15:00
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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