What is the test for amendment to pleadings in civil litigation?

California, United States of America


The following excerpt is from N. Robert Nielsen, Inc. v. Moore, Grider & Co., F072882 (Cal. App. 2018):

Thus, the trial court has discretion to permit amendment to pleadings at any time in the proceedings. (City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 1563.) The policy is for courts to exercise this discretion liberally. (Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945.) Accordingly, the appellate court will uphold the trial court's ruling unless a manifest or gross abuse of discretion is shown. Moreover, the burden is on the plaintiff to demonstrate that such an abuse of discretion occurred. (Ibid.)

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