NATURE OF PROCEEDINGS: NOTICE OF MOTION ~ AND MOTION FOR LEAVE TO FILE THIRD AMENDED CROSS-COMPLAINT [CRCO] OLIVER & COMPANY, INC,
RULING
Defendant/Cross—Complainant’s motion for leave to file a Third Amended Cross-Complaint is GRANTED. Cross-Defendant’s primary basis for opposing the motion for leave to amend is that the proposed new claim for negligent misrepresentation is futile. The court finds that Cross -Defendant has not shown that the proposed claim is deficient as a matter of law or that there can be no liability. Further, while Cross-Defendant generally claims prejudice, there is no showing of prejudice offered in its Opposition. Accordingly, based on the liberal policy in favor of permitting amendments to pleadings, the court grants Cross-Complainant’s motion.
Factual and Procedural Backgrnund
Plaintiff Marin Country Day School (“School”) hired architectural firm Esherick Homsey Dodge & Davis (“Architect”) to prepare designs for construction work on the two upper and lower c
Hearing Date
May 04, 2021
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NATURE OF PROCEEDINGS: NOTICE OF MOTION ~ AND MOTION FOR LEAVE TO FILE THIRD AMENDED CROSS-COMPLAINT [CRCO] OLIVER & COMPANY, INC,
RULING
Defendant/Cross—Complainant’s motion for leave to file a Third Amended Cross-Complaint is GRANTED. Cross-Defendant’s primary basis for opposing the motion for leave to amend is that the proposed new claim for negligent misrepresentation is futile. The court finds that Cross -Defendant has not shown that the proposed claim is deficient as a matter of law or that there can be no liability. Further, while Cross-Defendant generally claims prejudice, there is no showing of prejudice offered in its Opposition. Accordingly, based on the liberal policy in favor of permitting amendments to pleadings, the court grants Cross-Complainant’s motion.
Factual and Procedural Backgrnund
Plaintiff Marin Country Day School (“School”) hired architectural firm Esherick Homsey Dodge & Davis (“Architect”) to prepare designs for construction work on the two upper and lower c