...PreTrial Adjudication
6 Cards On This Topic:
  • Under CCP §472(a), a plaintiff's right to amend its complaint once without leave is limited to an amended version of the original complaint.
  • An unnamed class member does not become a party of record with the right to appeal a class settlement, judgment or attorneys fee award unless he or she formally intervenes in the class litigation before it is final.
  • Plaintiffs' due process rights violated upon a grant of defendants' motion for JOP after short-noticed Cottle hearing in which plaintiffs failed to make a prima facie showing on their causes of action.
  • Plaintiff seeking leave to amend its complaint must show a reasonable possibility that the amendment will state a legally sufficient cause of action.
  • P may amend complaint against her employer's payroll co. to state C/As for breach of K (3d party benef.), negligence and negligent misrepresentation; C/As requiring pleading of employer/employee relationship dismissed.
  • P's action, alleging prenatal exposure to toxics caused her birth defects, was time-barred under CCP §340.4, which provides that actions for prenatal injuries are not tolled during the P's minority.