Motion For Leave To File Second Amended Complaint
Matter on calendar for Tuesday, January 13, 2026, Line 4, PLAINTIFF HAROLD SMITH's Motion For Leave To File Second Amended Complaint
Plaintiff Harold Joseph Smith's Motion For Leave To File Second Amended Complaint is GRANTED.
"The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." (Code Civil Procedure section 473(a)(1).)
"[T]here is a strong policy in favor of liberal allowance of amendments." (Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230.)
"Great liberality is indulged in matters of amendment to the end that lawsuits may be determined upon their merits." (Desny v. Wilder (1956) 46 Cal.2d 715, 751.)
"[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Kittredge Sports Co. v. Superior Court. (1989) 213 Cal.App.3d 1045, 1048.)
"It is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts.'" (Id.)
Good cause appearing, the court grants Plaintiff leave to file the Second Amended Complaint. Plaintiff must file its Second Amended Complaint as proposed, inclusive of the exhibits in a single document, forthwith but no later than January 23, 2026.
Moving Party is ordered to prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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