PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Opposition Papers
.........Amend: Issue & Evid.
7 Cards On This Topic:

Summary judgment proper where P failed to amend complaint to add new issues re alleged libel: pleadings delimit scope of issues on SJ.

If amendment proper, SJ denied.

Issues in opposition must be in pleadings; if they are not, responding party must request leave to amend.

To raise new issues, must amend pleading.

Counteraffidavits in response to D’s summary judgment motion may not create issues outside complaint, and are not substitute to amendment to complaint.

If amendment proper, summary judgment denied; within trial ct’s discretion.

If party finds on hearing SJ motion that his pleading inadequate—either by way of allegation or denial—ct. may and should permit amendment.