CREDIT CORP SOLUTIONS INC., VS. JASON JONES ET AL
Case Information
Motion(s)
Notice Of Motion And Motion For Leave To Amend Cross-Complaint
Motion Type Tags
Other
Parties
- Plaintiff: CREDIT CORP SOLUTIONS INC.
- Defendant: JASON JONES
Ruling
Matter on the Law & Motion/Discovery Calendar for Thursday, August 14, 2025, line 8, 1 - DEFENDANT JASON JONES' Motion For Leave To Amend Cross-Complaint
Defendant and cross-complainant Jason Jones's motion for leave to amend his cross-complaint is granted. Leave to amend is liberally granted. (See, e.g., Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530 ["it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case"] [simplified].) Generally, the only basis to deny a plausible amendment is where there is prejudice.
Here, trial is set for January 2026 and there is sufficient time to prepare for trial. Delay alone does not constitute prejudice. Cross-defendant contends that the proposed amended pleading is insufficient but these concerns may be raised on demurrer. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760 ["we believe that the better course of action would have been to allow Atkinson to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings"].) Jones shall file the proposed amended pleading by August 22, 2025.
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