EL DORADO’s Motion for Leave to File First Amended Cross-Complaint TENTATIVE RULING
Cross-Complainant ORLANDO RICARDO SANCHEZ dba EL DORADO ROOFING (“EL DORADO”) moves for leave to file a first amended cross-complaint (“P1ACC”) adding a cause of action against Cross-Defendants ATC SPECIALTIES, INC. (“ATC”) and ANTHONY W. COSGROVE (“COSGROVE”) for breach of contract. The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc. 473, subd. (a)(1).) The court has wide discretion here but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Indeed, if the motion to amend is timely made and granting the motion will not prejudice the opposing party, it is error to refuse permission to amend where the refusal also results in a party being denied the right to assert a meritorious ac
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EL DORADO’s Motion for Leave to File First Amended Cross-Complaint TENTATIVE RULING
Cross-Complainant ORLANDO RICARDO SANCHEZ dba EL DORADO ROOFING (“EL DORADO”) moves for leave to file a first amended cross-complaint (“P1ACC”) adding a cause of action against Cross-Defendants ATC SPECIALTIES, INC. (“ATC”) and ANTHONY W. COSGROVE (“COSGROVE”) for breach of contract. The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc. 473, subd. (a)(1).) The court has wide discretion here but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Indeed, if the motion to amend is timely made and granting the motion will not prejudice the opposing party, it is error to refuse permission to amend where the refusal also results in a party being denied the right to assert a meritorious ac