NAND v. SERRANO EL DORADO OWNERS’ ASSOC.

Case No.: PC-20170057     Track Rulings In Case

Motion for Leave to File 1st Amended Complaint.


The initial complaint in this action was filed on February 9, 2017. On January 18, 2018 the court granted defendant’s motion for leave to file a 1st amended answer. On January 22, 2018 plaintiff field a motion for leave to file a 1st amended complaint. A motion for summary judgment is set for hearing on June 1, 2018. A trial date has never been set in this action. Plaintiff moves for leave to file a 1st amended complaint on the following grounds: the amendments involve the assertion of additional legal theories of breach of fiduciary duty and breach of oral contract, based upon facts already pled and newly discovered evidence recently obtained through written discovery and deposition testimony that was not available at the time the initial complaint was filed; and there is no prejudice to defendant by allowing leave to amend as requested.