30-2011-00517042
Motion by Floratos etc. for Leave to File Amended Complaint:
In this long contested matter the Plaintiff law firm seeks leave to file a Second Amended Complaint to change the total amount of damages (which reduces the total amount requested), and add a 7th cause of action for quantum meruit.
The court grants the motion.
(a) There is substantial compliance with CRC 3.1324, and there is no undue prejudice to Defendants in granting leave to amend. (See Estate of Murphy v. Gulf Ins. Co. (1978) 82 Cal.App.3d 304, 311 [Denial of leave to amend is appropriate only when inexcusable delay and probable prejudice to the opposing party is shown.].) California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (See IMO Development Corp. v. Dow Corning (1982) 135 Cal.App.3d 451, 461.)
(b) With respect to Defendants’ attack on the viability of the quantum meruit cause of action, courts generally do not consider the validity of the proposed amended pleadings in deciding whether to grant leave to amend. (See The Rutter Group, California Practice Guide Civil Procedure Before Trial, Weil & Brown, The Rutter Group, Ch. 6-E at 6:644.) After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. (See Kittredge Sports Co. v. Sup.Ct. (Marker, U.S.A.) (1989) 213 CA3d 1045, 1048.)
(c) The discovery deadline is not continued because the quantum meruit theory of liability is based on the same set of facts alleged in the First Amended Complaint. Plaintiff is not adding any new sets of factual allegations against Defendants in support of the quantum meruit cause of action. However, as indicated above, the motion deadlines should be continued in order to allow Defendants sufficient time to attack the pleading.
Plaintiff shall file the amended pleading electronically and serve it within 5 days. Defendant may answer or otherwise plead within 35 days.
Moving Party shall give Notice.
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