What factors will be used to determine whether a delay in adding a cause of action for breach of an oral loan agreement was prejudicial?

California, United States of America


The following excerpt is from Hong v. Ha, G054912 (Cal. App. 2018):

Finally, there is the sheer delay, which was prejudicial because it created a serious imbalance in the ability of each side to present an argument vis--vis the oral loan agreement. While Ha had more than two years to contemplate adding a cause of action for breach of an oral loan agreement and was allowed to present evidence on the topic at trial, Hong had less than two weeks to rebut the new theory after receiving first word of it in a posttrial written closing argument and had no chance at putting on her own evidence on the issue. Unwarranted delay is enough by itself to justify denial of leave to amend, particularly when the delaying party knew of the need to amend from the beginning of the case. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486-487.)

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