Application For Order To Permit Filing Of Second Amended Complaint Pursuant To Stipulation
Set for Law and Motion/Discovery Calendar on Friday, March 06, 2026, Line 14. Plaintiff Breda Mitchell's Motion For Order To Permit Filing Of 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.) "It is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts.'" (Id.) "[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.) Leave to amend, however, is properly denied where the plaintiff has delayed in seeking the amendment and the delay has prejudiced the defendant. (A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739; see also Kittredge, supra, 213 Cal.App.3d at p. 1048 ["[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment."].)"
Good cause appearing, the court grants Plaintiff leave to file a Second Amended Complaint. Plaintiff must file her Second Amended Complaint no later than ten days after issuance of this order. Plaintiff must lodge a proposed order that includes the above text no later than 8:30 am on January 28, 2026. Plaintiff shall send the proposed order by email to contestdept302tr@sftc.org.
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