2017-00209457-CU-CD

Nicole Watanabe vs. Beazer Homes Holdings Corporation

Nature of Proceeding: Motion for Leave to File 1st Amended Cross-Complaint

Filed By: Testa, Julie D.

Cross-complainant Beazer Homes Holdings Corporation’s Motion to File First Amended Cross-Complaint is unopposed and is granted.

In this construction defect case, moving party seeks to add certain allegations to the Cross-complaint. The motion is made on the grounds that an Amended Cross-Complaint is necessary to: 1) clarify the potential for subcontractor enrollment in a Steadfast Home Builders’ Protective Policy for the Fusion project, only; and 2) to limit the causes of action asserted against the subcontractors enrolled in the Home Builders’ Protective Policy. The motion is not opposed and there is no trial date.

“Trial courts are vested with the discretion to allow amendments in the furtherance of justice… That Trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state…resting on the fundamental policy that cases should be decided on the merits.” Hirsa v Superior Court (1981) 118 Cal.App.3d 486, 488-489.

Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court’s discretion will usually be exercised liberally to permit amendment of the pleadings. See Nestle v. Santa Monica (1972) 6 Cal.3d 920,939; Mabie v Hyatt (1998) 61 Cal. App.4th 581, 596 (citing text). Howard v. County of San Diego (2010)184 Cal.App.4th 1422, 1428.” California Civil Procedure Before Trial (2012, Rutter) § 6:638 – 6:339. Courts apply the policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial” absent prejudice to the adverse party. Atkinson v Elk Corp. (2003) 109 Cal.App.4 th 739, 761.

Cross-complainant shall file and serve the proposed cross-complaint on or before February 5, 2018. Response shall be filed within 30 days of service of the Amended Cross-Complaint, 35 days if served by mail.