Plaintiffs moves for leave to file a correct First Amended Complaint pursuant to CCP § 473 or in the alternative, for leave to file a Second Amended Complaint.
“A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.)
Plaintiff seeks leave to file a corrected First Amended Complaint (herein referred to as “SAC”) to add Stephen Harris as a Plaintiff, and add five additional causes of action: res ipsa loquitur, intentional misrepresentation, breach of oral contract, breach of the implied covenant of good faith and fair dealing, and loss of consortium.
Plaintiffs had initially filed a pleading as their first amended complaint on April 26, 2019, but erroneously f
Hearing Date
June 24, 2019
Type
PI Other -DO NOT USE (General Jurisdiction)
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Plaintiffs moves for leave to file a correct First Amended Complaint pursuant to CCP § 473 or in the alternative, for leave to file a Second Amended Complaint.
“A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.)
Plaintiff seeks leave to file a corrected First Amended Complaint (herein referred to as “SAC”) to add Stephen Harris as a Plaintiff, and add five additional causes of action: res ipsa loquitur, intentional misrepresentation, breach of oral contract, breach of the implied covenant of good faith and fair dealing, and loss of consortium.
Plaintiffs had initially filed a pleading as their first amended complaint on April 26, 2019, but erroneously f