AIMEE GAMBLE PRICE, ET AL VS. TIMOTHY C. MILLIKIN, ET AL

The motion of Plaintiffs for leave to file a second amended complaint is GRANTED.

Discussion

Under Code of Civil Procedure section 473, subdivision (a)(1), the Court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding. As judicial policy favors resolution of all disputed matters in the same lawsuit, courts liberally permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion. [Citations].” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530; see also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2024) {6:639.)

Although Defendants suggest the request for leave is untimely, trial in this matter is still five months away. There has been no showing that Defendants have been prejudiced by any delay in seeking the amendment. Instead, most of Defendants’ objections are directed to the merits of the new allegations. Courts, however, generally allow amendment and then let the parties test the legal sufficiency of the allegations in other appropriate proceedings such as a demurrer. (See Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760; see also Weil & Brown, supra, at {6:644.) The Court finds no prejudice to Defendants and therefore grants leave to amend.

CV0004618 All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.