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Allowing Amendment of Complaint Near End of Trial Found an Abuse of Discretion

In Other Cases of Interest on April 30, 2013 at 5:45 pm
My new lateness reminder...

My new lateness reminder… (Photo credit: adityasen)

The Second District issued its ruling today in Duchrow v. Forrest, __ Cal. App. 4th __, No. B233736 (2d Dist. Apr. 30, 2013).  The panel held that the lower court abused its discretion by permitting an amendment to a complaint on the fourth day of a five-day trial, where there was no reason the amendment could not have been made sooner.  The court found prejudice because, inter alia, the damages sought changed from $44,082.22, as pleaded in the complaint, to $312,260 in attorney fees.   You can read more here.

By CHARLES H. JUNG

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