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Opposition to California motion for leave to amend a pleading

An opposition to a motion for leave to amend a pleading in California is the topic of this blog post.  Any party served with a motion requesting leave to amend a pleading should first carefully review the motion and supporting documents to ensure that they comply with the provisions of California Rule of Court 3.1324, and that they contain sufficient facts and evidence to support the motion.

While California does follow a policy of great liberality in permitting amendments there are exceptions which will be discussed in this blog post.

The first exception as held by a California Court of Appeal is that the policy of great liberality in permitting amendments should be applied only where no prejudice is shown to the adverse party.

Prejudice can include a delay of the trial or increased costs due to additional discovery among other factors.

Other exceptions include a lack of diligence and a long unexplained delay in requesting leave to amend.  One California Court of Appeal case held that it is well settled in California that a long unexplained delay in requesting leave to amend is a significant factor that may uphold a denial of leave to amend. Other cases have held that unwarranted delay in itself may be grounds for denial of leave to amend.

Attorneys or parties in California who would like to view a portion of a 9 page sample opposition to a California motion for leave to amend that contains a memorandum of points and authorities, sample declaration and proof of service by mail sold by the author of this blog post can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing.  Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.”

Copyright 2014 Stan Burman.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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2 Responses

  1. Do you anything on moving a complaint from superior court to federal court and to remand back to superior court over federal question Richard Gaytan Paralegal

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