Can a party amend or strike out the name of and party in an amended complaint?

California, United States of America


The following excerpt is from Specht v. Keitel, 12 Cal.Rptr. 95, 190 Cal.App.2d 332 (Cal. App. 1961):

'Section 473, Code of Civil Procedure, provides that 'The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend andy pleading or proceeding by adding or striking out the name of and party.' * * * The statutory provision relating to amendments to the pleadings[190 Cal.App.2d 337] in the furtherance of justice has received a very liberal construction in the courts of this state (Klopstock v. Superior Court, 17 Cal.2d 13, 19, 108 P.2d 906, 135 A.L.R. 318). The amendment to the complaint stated no new cause of action against the defendants, nor did it state any new facts. It does not appear that defendants were prejudiced thereby and the court did not abuse its discretion in permitting the amendment * * *'

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