California, United States of America
The following excerpt is from Cardenas v. Ellston, 259 Cal.App.2d 232, 66 Cal.Rptr. 128 (Cal. App. 1968):
The trial judge stated in his order that he believed that permission to file the amendment to the answer as late as the opening of the trial was error. The appellants contend, however, that the amendment was properly allowed. It is a well-known policy of the law to permit amendments of pleadings liberally in order that litigation may be tried on its merits. (See Hodge v. Hodge, 257 Cal.App.2d ---, 64 Cal.Rptr. 587, and Posz v. Burchell, 209 Cal.App.2d 324, 333, 25 Cal.Rptr. 896.)
In his memorandum supporting the order the trial judge said:
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