PRETRIAL ADJUDICATION
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Pleading
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Amendments
.........Court Permission Required
17 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.
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.