California, United States of America
The following excerpt is from Inouye v. Pacific Gas & Elec. Co., 1 Cal.Rptr. 848, 348 P.2d 208, 53 Cal.2d 361 (Cal. 1959):
5 At the conclusion of the evidence defendant did make a motion to amend the pretrial order, which motion was denied. Such denial was within the discretion of the court. Granberg v. Turnham, 166 Cal.App.2d 390, 396, 333 P.2d 423. It would appear that if defendant then believed that there was evidence offered on assumption of risk, it would have moved to amend its answer to conform to such proof.
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