PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Court Permission Required
 21 Cards On This Topic:
  • Where variance not material, ct. may direct fact to be found according to evidence, or may order immediate amendment.
  • Court may allow party to amend pleading or proceeding.
  • No abuse of discretion to deny amendment where it alleges new facts and new defense sought on eve of trial, no excuse for delay, and continuance would have been required.
  • Where pleader mistakenly pled wrong damage to which entitled, amendment should be allowed even after pleader's case presentation and motion for nonsuit.
  • Amendment proper unless introduces wholly different cause of action, even, in some cases, after reversal by higher ct.
  • Under CCP §472(a), a plaintiff's right to amend its complaint once without leave is limited to an amended version of the original complaint.
  • Leave to amend properly denied upon sustained demurrer where cross-complainant did not demonstrate his pleading could be cured.
  • Granting defendants leave to amend their answer during trial to assert an affirmative defense was not an abuse of discretion where defendants' underlying factual and legal assertions did not change.
  • Plaintiff seeking leave to amend its complaint must show a reasonable possibility that the amendment will state a legally sufficient cause of action.
  • No error in amending complaint to add P’s corporation as plaintiff to conform to proof where Ds did not show manifest abuse of discretion, or how amendment prejudiced them.
  • Order denying leave to amend a complaint is not appealable even when proposed amendment would, for the first time, add class action allegations.
  • Code Civ. Proc. §473’s mandatory relief provision not applicable to Ps’ who failed to file amended complaint within time allowed by court and case dismissed.
  • "Stipulation" and "Addendum to Stipulation" marked "so ordered" by judge, treated by Court of appeal as leave to file amended complaint adding D as defendant.
  • Pleading may be amended at time case called to trial in furtherance of justice and so long as not prejudicial to opposing party.
  • Amendment of pleading immediately before or during trial within trial ct's discretion.
  • Trial judge has discretion to allow amendment of answer after testimony closed and final argument commenced.
  • Where variance between pleading and proof not misleading to adverse party, amendment conforming to proof permitted at close of trial.
  • Where no satisfactory reason for delay in requesting to amend, and granting amendment will require continuance, no abuse of discretion in denying motion.
  • P may not amend complaint at close of trial to add new cause of action developed from proof.
  • Following direction by Ct. of Appeal to enter judgment, trial ct. may not retry case or allow amendment to pleadings raising new issues.
  • Amendment to answer raising new issue not permissible when case had been at issue nearly two years and trial had commenced.


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