2017-00217888-CU-MC

Lisa Gibbons vs. Midland Funding, LLC

Nature of Proceeding: Motion to File Amended Answer

Filed By: Lohr, Jessica R.

Defendant Midland Funding, LLC’s motion for leave to file amended answer is GRANTED.

Defendant moves to file an amended answer adding an affirmative defense that the claims are subject to an arbitration agreement. According to Defendant’s counsel, on January 23, 2018, she received a copy of the credit card agreement which included an arbitration provision.

In opposition, Plaintiff questions why Defendant’s counsel did not obtain the agreement earlier.

It is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their

substantial merits where the authorization does not prejudice the substantial rights of others. Indeed, it is a rare case in which “a court will be justified in refusing a party

leave to amend his or her pleading so that he or she may properly present his or her

case. Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. (Board of Trustees v. Superior Court (2007) 149 Cal. App. 4th 1154, 1163.)

Here, there is no showing of prejudice. The motion is GRANTED.

Defendant shall file and serve its amended answer by no later than March 8, 2018.