How have the courts treated a motion to amend a pleading?

California, United States of America


The following excerpt is from Ochoa v. Ndex W. LLC., B246702 (Cal. App. 2014):

The trial court denied the motion to amend the first amended complaint because appellant failed to comply with procedural rules for requesting leave to amend a complaint. Rule 3.1324 requires a party seeking leave to amend a pleading to provide a copy of the proposed pleading accompanied by a declaration in support of the motion. Appellant's failure to comply with the procedural mandate of rule 3.1324 was sufficient reason to deny the motion to amend. As noted above, we afford appellant no greater consideration because he is representing himself than we would give to other litigants and attorneys. (See Nwosu v. Uba, supra, 122 Cal.App.4th at pp. 1246-1247.)

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