Is there any evidence that defense counsel objected to a motion to amend the terms of a motion?

California, United States of America


The following excerpt is from Carrigan v. Goldman, Sachs & Co., H036088 (Cal. App. 2011):

These claims, too, are without merit. The record discloses a clear written objection to the amendment request. And even if defense counsel had not objected, or was somehow not vocal enough in their opposition, such failing made no difference, because the order allowing the amendment gave plaintiff 20 days, which was ample time in which to file the document. Similarly, as the court pointed out, any conduct by defense counsel in regard to accepting service was immaterial, since the amendment itself was untimely. It was not defense counsel's duty to keep track of the plaintiff's procedural obligations by reminding him or his attorney of upcoming due dates. No one except plaintiff, or his attorney, was responsible for meeting the June 4 deadline. (See, e.g., Ostrus v. Price (1978) 82 Cal.App.3d 518, 526 ["Responsibility for the failure to comply with the requirements of [former] section 581a rests solely with plaintiffs," and dismissal may be proper even if defendant was aware of the complaint].) Plaintiff nevertheless

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