The Court intends to rule as follows:
The Court intends to GRANT the motion for leave to amend. Plaintiff complied with Rule 3.1324. Defendants failed to establish that the proposed cause of action is deficient as a matter of law. Cal OSHA violations may be admitted to establish a standard or duty of care in all negligence, including third party actions. Defendants' arguments that they did not violate Cal. Code Regs., tit. 8, § 4542(a) go well beyond matters that may be considered on a motion for leave to amend.
Discussion: The court may, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. CCP § 473(a). The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Nestle v Santa Monica (1972) 6 Cal.3d 920, 939. "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