greentek construction, inc., Plaintiff, vs. nohemi portillo, et al., Defendants.

Case No.: BC 700868

Hearing Date: August 6, 2020

Hearing Time: 10:00 a.m.

[TENTATIVE] ORDER RE:

MOTION FOR LEAVE TO AMEND CROSS-COMPLAINT AND ANSWER

Background

Plaintiff Greentek Construction, Inc. (“Greentek”) filed this action on April 4, 2018 against Defendant Nohemi Portillo (“Portillo”). The operative First Amended Complaint (“FAC”) was filed on December 6, 2018, and alleges causes of action for breach of contract, quantum meruit, and foreclosure of a mechanic’s lien arising out of a residential construction project. On January 22, 2019, Portillo filed her Answer and a Cross-Complaint against Greentek. The Answer asserts 17 affirmative defenses, and the Cross-Complaint asserts one cause of action for breach of contract.

Portillo now moves for leave to amend both her Answer and her Cross-Complaint. Greentek opposes.

Discussion

Pursuant to Pursuant to Code of Civil Procedure section 473, subdi