What is the test for denying a motion to amend an amended pleading?

California, United States of America


The following excerpt is from Roberts v. Karr, 178 Cal.App.2d 535, 3 Cal.Rptr. 98 (Cal. App. 1960):

"The allowance or rejection of a motion to amend is within the sound discretion of the trial court." Verdier v. Verdier, 133 Cal.App.2d 325, 330, 284 P.2d 94, 98. Fourteen months and transpired from the date the complaint had been filed to the time when permission to amend was requested; the case had been tried; the court had permitted the introduction of evidence on the primary allegations to be added by the amended pleading and concluded that they were not true. Under the circumstances, the trial court did not abuse its discretion in denying the plaintiffs' motion to file their proposed amended complaint.

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