1) Motion to Strike DARREN’s Amended Answer
TENTATIVE RULING
Plaintiff RANDY HALL moves to strike Defendant DARREN C. DORSEY, SR. (“DARREN”)’s amended answer filed September 24, 2020. DARREN amended his answer with this court’s permission, if some time after permission was granted. A court may permit the filing of an amendment at any time as may be just, in keeping with the purpose of the statutory scheme favoring great liberality in amendment. (See Cardenas v. Ellston (1968) 259 Cal.App.2d 232, 239 [court justified in permitting amendment of answer after cutoff date same court had set during pretrial conference].) Plaintiff’s citation to Code of Civil Procedure section 438 is irrelevant as that section applies to amendments made after motions for judgment on the pleadings.
The contents of DARREN’s amended answer do not now take Plaintiff by surprise as the amended answer was presented as part of the motion for leave to file it. The answer also states a defense where it denies all alle
Hearing Date
January 20, 2021
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1) Motion to Strike DARREN’s Amended Answer
TENTATIVE RULING
Plaintiff RANDY HALL moves to strike Defendant DARREN C. DORSEY, SR. (“DARREN”)’s amended answer filed September 24, 2020. DARREN amended his answer with this court’s permission, if some time after permission was granted. A court may permit the filing of an amendment at any time as may be just, in keeping with the purpose of the statutory scheme favoring great liberality in amendment. (See Cardenas v. Ellston (1968) 259 Cal.App.2d 232, 239 [court justified in permitting amendment of answer after cutoff date same court had set during pretrial conference].) Plaintiff’s citation to Code of Civil Procedure section 438 is irrelevant as that section applies to amendments made after motions for judgment on the pleadings.
The contents of DARREN’s amended answer do not now take Plaintiff by surprise as the amended answer was presented as part of the motion for leave to file it. The answer also states a defense where it denies all alle