What is the test for allowing an amendment to the proof in a personal injury case?
California, United States of America
The following excerpt is from Silvergate Fin., Inc. v. Asbury, D062677 (Cal. App. 2014):
"[T]he allowance of amendments to conform to the proof rests largely in the discretion of the trial court and its determination will not be disturbed on appeal unless it clearly appears that such discretion has been abused. [Citations.] Such amendments have been allowed with great liberality 'and no abuse of discretion is shown unless by permitting the amendment new and substantially different issues are introduced in the case or the rights of the adverse party prejudiced [citation].' (Italics added.)" (Trafton v.
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