Can a motion to amend the date of trial be adjourned until after the trial date has been set?

California, United States of America


The following excerpt is from Ark-Majiyagbe v. Gandy, C075313 (Cal. App. 2019):

Prejudice exists where the proposed amendment is offered untimely and without excuse for the delay, and it would burden the opposing party with a delay in trial, the need to conduct additional discovery and trial preparation, and the resultant additional costs. (See Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 486-487.) "Where the trial date is set, the jury is about to be impaneled, counsel, the parties, the trial court, and the witnesses have blocked the time, and the only way to avoid prejudice to the opposing party is to continue the trial date to allow further discovery, refusal of leave to amend cannot be an abuse of discretion." (Id. at p. 488.)

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