California, United States of America
The following excerpt is from Bokkes v. Plotkin, G052085 (Cal. App. 2016):
We review the trial court's decision to grant or deny a motion to amend for abuse of discretion. (City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 1563.) We cannot say that the trial court abused its discretion here. The complaint had already been amended six times; the corporation's existence was certainly not something that came up unexpectedly at trial. Bokkes testified about the damaged property on the first day of testimony, October 1, yet he waited more than two weeks to move to amend, when the trial was over except for closing arguments. The defense made a detailed argument regarding the prejudice a last-minute amendment would entail, and we must assume the trial court found this argument compelling. Nothing before us suggests an abuse of discretion here.
The judgment is affirmed. Respondents are to recover their costs on appeal.
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