Does the term 'judicial discretion' apply to deny a motion to file a second amended complaint to the Court of Appeal?

California, United States of America


The following excerpt is from Vick v. Grasser, 169 Cal.App.2d 692, 338 P.2d 223 (Cal. App. 1959):

While it is of course true that a trial court has a broad discretion in passing upon a motion to file an amended pleading and that an appellate court will not interfere with the action of the trial court unless it clearly appears that there has been an abuse of discretion, we do not believe the term 'judicial discretion' is broad enough to sustain the court's order denying permission to file the second amended complaint. For as stated in Jepsen v. Sherry, 99 Cal.App.2d 119, 220 P.2d 819, 822, the discretion to be exercised in such a case is 'one controlled by legal principles and is to be exercised in accordance with the spirit of the law and with a view to subserving, rather than defeating, the ends of substantial justice.'

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