California, United States of America
The following excerpt is from Capitol Films U.S. LLC v. Aon/Albert G. Ruben Ins. Servs. Inc., B230880 (Cal. App. 2012):
"Code of Civil Procedure section 473 states the governing rule: 'The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding . . . .' (Id. subd. (a)(1).) 'Leave to amend a complaint is thus entrusted to the sound discretion of the trial court. ". . . The exercise of that discretion will not be disturbed on appeal absent a clear showing of abuse. More importantly, the discretion to be exercised is that of the trial court, not that of the reviewing court. Thus, even if the reviewing court might have ruled otherwise in the first instance, the trial court's order will yet not be reversed unless, as a matter of law, it is not supported by the
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record."' [Citations.]" (Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242, fn. omitted.)
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