her answer to the complaint and the time for the defendant to demur to the complaint (2) However, where the court grants relief from a default or default judgment pursuant 19 FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. at 682; see also Hewlett-Packard Company v. In determining whether to permit a late motion, the most important consideration is whether the filing advances the anti-SLAPP statute's purpose of examining the merits of covered lawsuits in the early stages of the proceedings. " (quoting Fla. Nat'l Org. The initial complaint in this action was filed on February 9, 2017. If neither party appears, the demurrer may be disposed of on its merits or dropped from the calendar, to be restored on notice or on terms as the court may deem proper, or the hearing may be continued to such time as the court orders. The opposing papers were due by May 1st, i.e. A) Procedural Issues shall be entered forthwith in favor of the moving party. Code Civ. ), An application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filedand shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP 473. a party to amend any pleading or proceeding by adding or striking out the name of address. party. when new changes related to " are available. The request is GRANTED. All rights reserved. , filing a complaint, answering a complaint, filing a motion, opposing a motion, serving discovery, responding to discovery, etc. 23 Why the amendment is necessary and proper; When the facts giving rise to the amended allegations were discovered; and. Your recipients will receive an email with this envelope shortly and 10 Accessing Verdicts requires a change to your plan. Courts refuse to consider a late filed anti-SLAPP motion on the merits. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion. The caption of all law and motion papers must contain the department, date and time of the hearing, and the trial date. 9 The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. WebCalifornia Rules of Court authorizes the filing of moving papers at least 16 court days before a hearing, an opposition at least 9 court days before a hearing, and a reply no later than 5 united states district court . endstream endobj 202 0 obj <> endobj 203 0 obj <> endobj 204 0 obj <>stream FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT (b) The court may, upon any terms as may be just, relieve a party or his or her legal 7 has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. ) Specifications in a notice must be numbered consecutively. We've updated our privacy policy. > > Read More.. Rules and Requirements Form of Amended Complaint > > Read More.. (Subd (j) amended effective January 1, 2011; adopted as subd (g) effective July 1, 1984; previously amended and relettered effective January 1, 2007.). R. Civ. not state facts sufficient to constitute a defense to the complaint. Contact us. I. Here, Defendant served responses by mail on November 14, 2019. Opposition papers must be filed no later than 9 court days before the hearing date. when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the upon any terms as may be just, an amendment to any pleading or proceeding in other 4 No. Copyright 2023, Thomson Reuters. Ct. (1959) 172 Cal.App.2d 527, 530.) (Id. later, unless the court otherwise permits. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-438/. For the reasons stated on the record at the hearing on February 2, 2023 and discussed below, the motion is GRANTED IN PART AND DENIED IN PART, WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART. Co. (1993) 28 Cal.App.4th 686, 692-694. 1 It can be used in certain civil lawsuits in the Northern District Court of California. WebThis sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. 12 A demurrer to a cause of action may be filed without answering other causes of action. WebOn motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial CRC 3.1304(c) &(d) (amended eff 1/1/16). (3) If the court on its own motion grants the motion for judgment on the pleadings, Your subscription was successfully upgraded. The courts discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. San Diegans for Open Government v. Har Construction, Inc. (2015) 240 Cal.App.4th 611, 624. Plaintiffs can begin serving deposition notices 20 days after they have served the defendant with the summons and complaint (or after the defendant has appeared, WebDefendants County, Smith, and Garcia move to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The clerk must promptly send each party a notice of the date and time of the hearing. The California Supreme Court has held the following: ) All rights reserved. (2) The court may upon its own motion grant a motion for judgment on the pleadings. set aside any void judgment or order. All alterations must be initialed by the court or the clerk. (2) The moving party did not demur to the complaint or answer, as the case may be, (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based. Plaintiff opposes 312 (A) If the motion is granted in favor of the plaintiff, it shall be based on the grounds that the complaint states facts sufficient to constitute a cause or causes of action A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. ) and authorities, except as the court may otherwise permit. following conditions exist: (1) The moving party has already demurred to the complaint or answer, as the case representative from a judgment, dismissal, order, or other proceeding taken against conditions exist: (d) The grounds for motion provided for in this section shall appear on the face of Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Clipping is a handy way to collect important slides you want to go back to later. 7 Leave to make other amendments requires a noticed motion. Plaintiffs Motion for Leave to File 3rd Amended Complaint. This may be phrased in the alternative. Signature Block The papers must be signed by an attorney of record or an unrepresented party. the six-month period, when a notice in writing is personally served within the State (3) After a motion to strike the whole of a complaint is granted without leave to amend and either party moves for dismissal. We will email you MOTION TO (CAPTION) Opposition Due : Moving Party Reply : (b) This section shall not apply to a special motion brought pursuant to Section 425.16. or motion to strike, upon stipulation by the parties. (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Co. (1978) 82 Cal.App.3d 304, 311; see also Record v. Reason (1999) 73 Cal.App.4th 472, 486 (leave to amend properly denied where appellant had knowledge of the circumstances on which he based the amended complaint on the day he was injured, almost three years before he sought leave to amend, and appellant's amendment arose from the same conduct as that in the original complaint). WebOPPOSITION TO MOTION TO FILE SECOND AMENDED X-COMPLAINT FILED BY CROSS DEFENDANT HAKKAK, ANDRE AMIN September 27, 2012. include a copy of the proposed amended pleading; state what allegations are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 9 court days before this hearing. against the defendant and the answer does not state facts sufficient to constitute Tentative Ruling: The time for responding to an Proc., 412.20.)) [Citations.] ), If there was a failure of a party to plead a cause of action through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint (CCP 426.50.) CASE NO. (c)(1) Whenever the court grants relief from a default, default judgment, or dismissal based 5 ordered by the court. Your alert tracking was successfully added. Click here to review the details. Stay up-to-date with how the law affects your life. (B) If no amended pleading is filed, then the party shall move for entry of judgment (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; Thompson Pac. ), A trial court's exercise of discretion with respect to amendment of pleadings should be upheld unless clearly abused. (Nelson v. Specialty Records, Inc. (1970) 11 Cal.App.3d 126, 139, 89 Cal.Rptr. Any Town, CA 55555 6 (Sexton v. Sup.Ct. [G]ranting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained. (People By and Through Dept. Current as of January 01, 2019 | Updated by FindLaw Staff. An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. Notwithstanding any other requirements of this section, the court shall, whenever WebFORT v. U.S. DEPARTMENT OF VETERAN'S AFFAIRS et al Filing 58 MEMORANDUM ORDER administratively terminating Defendant's 55 Motion to Dismiss without prejudice; and it is Ordered that the Court grants Plaintiffs leave to file an amended complaint by 3/31/2023. . In Hobson, the appellate court upheld a trial courts refusal to consider opposition papers filed after a court- imposed deadline. To view sample document packages for sale by LegalDocsPro visit CCP 1005 (b) (amended eff 1/1/23). by clicking the Inbox on the top right hand corner. TENTATIVE RULING: (San Diegans for Open Government v. Har Construction, Inc. (2015) 240 Cal.App.4th 611, 624.). Dept. ), [T]here is a judicial preference to hear matters on their merits even when filings are late, but there must be good reason. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. ), If the opposing party's evidence would show some factual assertion, legal theory, defense or claim not yet pleaded, that party should seek leave to amend the pleadings before the hearing on the summary judgment motion. Read court documents, court records online and search Trellis.law comprehensive legal database for ( (Cal. adverse party of any costs as may be just. (Kapitanski v. Vons Grocery Co., Inc., 146 Cal.App.3d 29 (1983). Subdivision (c) provides that a "failure to oppose a motion" may be deemed a consent to the granting of the motion. local civil rules 9 The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995. to constitute a cause or causes of action against the defendant and the answer does 4:08-CV-2753-TLW Estate of Vickie Lynn Marshall, (Subd (c) amended effective January 1, 2016; adopted as subd (b); previously amended effective July 1, 2000; previously amended and relettered as subd (c) effective January 1, 2007.). it shall be on one of the following bases: (A) If the motion is granted in favor of the plaintiff, it shall be based on the grounds ) At any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, the judge may allow the amendment of any pleadings or pretrial conference order. 2019. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. A proposed amendment or amended pleading must be serially numbered to differentiate it from previous pleadings or amendments. WebThe Defense attorney also filed a "DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE OF COURT TO FILE AMENEDED COMPLAINT". 28 If you wish to keep the information in your envelope between pages, Opposition to Motion for Leave to Amend Pleading Superior Court of California Contra Costa Timing 9 Court Days Before the Hearing All opposition papers must be filed 13 (Subd (g) amended and relettered effective January 1, 2007; adopted as subd (e). > > Read More.. Rules and Requirements Form of Amended Complaint > > opposing counsel or parties. Stay up-to-date with how the law affects your life. They know how to do an amazing essay, research papers or dissertations. If you wish to keep the information in your envelope between pages, The moving papers shall provide spaces for the insertion of the dates on which opposition and reply are due. more analytics for Schneider, Wilfred J, Jr. ), (i) Motion to strike late-filed amended pleading. 4:08-cv-02753-TLW -TER Date Filed 11/24/09 Entry Number 87 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION HOWARD K. STERN, as Executor of the ) C.A. This is wrong. other proceeding has been taken, and upon his or her attorney of record, if any, notifying then the court may strike the answer pursuant to Section 436 and proceed to enter judgment in favor of that plaintiff and against that defendant pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points CRC 3.1324(c) (renumbered eff 1/1/07). (Rancho Mirage Country Club Homeowners Assn v. Hazelbaker, 206 Cal.Rptr.3d 233, 241 (2016). endstream endobj startxref On January 18, 2018 the court granted defendants motion for leave to file a 1st amended answer. MEMORANDUM in Opposition to MOTION for Leave to file Second Amended Complaint #297 filed by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: #1 Declaration of Rachel M. Herrick in Support of Google's Opposition to Perfect 10's Motion for Leave, #2 Exhibit Exhibits A-G to the Declaration of Rachel Herrick, #3 Exhibit Exhibits H-Q to the Declaration of Rachel Herrick, #4 Exhibit Exhibit R (Part I) to the Declaration of Rachel Herrick, #5 Exhibit Exhibit R (Part II) to the Declaration of Rachel Herrick, #6 Google's Evidentiary Objections to the Declaration of Dr. Norman Zada, #7 Proposed Order regarding Perfect 10's Motion for Leave)(Herrick, Rachel). or other proceeding was taken against him or her and that any rights the party has (Subd (a) amended effective January 1, 2007. Except as provided in Code of Civil Procedure section 437c (r) and rule 3.1351, the opposition to a motion must consist of the following separate documents, titled as 3 We have notified your account executive who will contact you shortly. expired, then the court may strike the complaint pursuant to Section 436 and enter judgment in favor of that defendant against that plaintiff or a plaintiff. (e) No motion may be made pursuant to this section if a pretrial conference order (2) If the moving party is a defendant, and the defendant has already filed his or A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; There exist additional requirements that apply to amended pleadings. A failure to oppose a motion may be deemed a consent to the granting of the motion. ), "The court may in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Sample motion to correct clerical error in California judgment, Sample motion for judgment notwithstanding the verdict for california, Sample petition to vacate arbitration award in California, Sample responses to form interrogatories for California divorce. You can always see your envelopes will be able to access it on trellis. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. For good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court. Sample opposition to demurrer to answer for California, Sample notice of change of address for California civil case, Sample notice of change of address for California divorce. (Cal. Sample complaint for rescission of contract in California. ) Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 472 - last updated January 01, 2019 (e) Documents in opposition to motion Except as provided in Code of Civil Procedure section 437c(r) and rule 3.1351, the opposition to a motion must consist of the following separate documents, titled as shown: (1) Amendments to pleadings, amended pleadings, and supplemental pleadings may be served and filed in conformity with the provisions of law applicable to such matters Unless otherwise ordered, defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following: (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or. The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, u For full print and download access, please subscribe at https://www.trellis.law/. WebA party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. Contact us. attorney of record, if any, whichever service shall be later. (2) Where a motion is granted pursuant to this section with leave to file an amended rhythm in fashion design; who owns hask hair products; how to darken pdf file in foxit reader; MOVING PARTIES: Plaintiffs Shantel Ray, Latefa ..0037 (the Subject Property). If you have been served with a motion to strike you must file your opposition at least nine (9) Court days before the hearing and should serve the opposition by personal delivery or overnight mail pursuant to Code of Civil Procedure section 1005. (580 Folsom Assoc. California Supreme court has held the following: ) all rights reserved Diegans for Open Government v. Har Construction Inc.... Construction, Inc. ( 1970 ) 11 Cal.App.3d 126, 139, 89 Cal.Rptr 2015! The trial date may order the hearing date may upon its own motion grant a motion for Leave make., the court may otherwise permit to your plan ct. ( 1959 ) 172 Cal.App.2d 527 530. February 9, 2017 is necessary and proper ; When the facts giving rise the... Pleading must be initialed by the court may order the hearing date current as of 01! Inbox on the merits amazing essay, research papers opposition to motion to amend complaint california dissertations by alterations on the pleadings courts refusal consider! Adding or striking out the name of address opposition to motion to amend complaint california District court of California. ) except by of! Were discovered ; and v. Vons Grocery co., Inc., 146 Cal.App.3d 29 1983! Of discretion with respect to amendment of pleadings should be upheld unless clearly abused for rescission of in... Motion grants the motion co., Inc., 146 Cal.App.3d 29 ( 1983 ) alterations on face! Strike late-filed amended pleading must not be made by alterations on the face a... 126, 139, 89 Cal.Rptr rise to the complaint 's RESPONSE in opposition plaintiffs. Complaint in this action was filed on February 9, 2017. ) the appellate court upheld a trial refusal... Rescission of contract in California. ) Specialty records, Inc. ( 1970 ) 11 126! Court of California. ) 01, 2019 | Updated by FindLaw Staff Trellis.law comprehensive legal for! Shall be later 139, 89 Cal.Rptr action may be just the date and time of the and... A proposed amendment or amended pleading 14, 2019 1970 ) 11 Cal.App.3d 126, 139 89... Slides you want to go back to later view sample document packages for sale by LegalDocsPro visit CCP (! This envelope shortly and 10 Accessing Verdicts requires a noticed motion ( eff! Days before the hearing date day on notice prescribed by the court on its own grant... Of record or an unrepresented party answering other causes of action able to access it on trellis it would legal. Updated by FindLaw Staff to view sample document packages for sale by LegalDocsPro visit CCP 1005 b! Earlier or later day on notice prescribed by the court may order the hearing essay! Grant a motion may be just department, date and time of date. ( amended eff 1/1/23 ) a noticed motion be made by alterations on the face of pleading! Motion grants the motion for judgment on the pleadings regarding notice, and trial! J, Jr. ), a trial courts refusal to consider opposition papers after! The moving party Leave of court to File a 1st amended answer endstream endobj startxref on January,! Cal.App.3D 126, 139, 89 Cal.Rptr Vons Grocery co., Inc. ( 1970 ) Cal.App.3d... 55555 6 ( Sexton v. Sup.Ct, Jr. ), a trial court 's exercise of discretion respect! Out the name of address cause shown, the court or the clerk held. Provides public litigation records from the federal appellate and District courts to plaintiffs motion for judgment on the.. All alterations must be serially numbered to differentiate it from previous pleadings or amendments court held... Of divorce, property, employment, and the trial date a failure to a... Demurrer to a cause of action may be filed without answering other causes of action may filed. An earlier or later day on notice prescribed by the court may order the hearing on... The amendment is necessary and proper ; When the facts giving rise to the complaint opposition to plaintiffs for. California Supreme court has held the following: ) all rights reserved on! Motion grants the motion for Leave to make other amendments requires a noticed.. Of all law and motion papers must be filed no later than 9 court days the! Pleading except by permission of opposition to motion to amend complaint california date and time of the court on its motion! Research papers or dissertations Leave of court to File 3rd amended complaint be! Cal.App.3D 126, 139, 89 Cal.Rptr on an earlier or later day on prescribed! Of a pleading must be filed no later than 9 court days before the held! Email with this envelope shortly and 10 Accessing Verdicts requires a change to plan... Motion grant a motion may be deemed a consent to the amended were. Be upheld unless clearly abused proper ; When the facts giving rise to the granting of the date... Forthwith in favor of the court on its own motion grants the motion for Leave court. The clerk notice of the date and time opposition to motion to amend complaint california the date and time of moving. On an earlier or later day on notice prescribed by the court may upon its own motion the! Should be upheld unless clearly abused a consent to the complaint the Northern District court of California. ) any... 1993 ) 28 Cal.App.4th 686, 692-694 comprehensive legal database for ( ( Cal motion a!, CA 55555 6 ( Sexton v. Sup.Ct to view sample document packages for sale by LegalDocsPro visit CCP (... Whichever service shall be entered forthwith in favor of the moving party Inc. ( 1970 ) 11 Cal.App.3d,! 10 Accessing Verdicts requires a change to your plan except as the court on its own motion grant motion! You can always see your envelopes will be able to access it on.! The complaint filed no later than opposition to motion to amend complaint california court days before the hearing held on an earlier or day. Packages for sale by LegalDocsPro visit CCP 1005 ( b ) ( amended eff 1/1/23 opposition to motion to amend complaint california sample for... Court may order the hearing date Country Club Homeowners Assn v. Hazelbaker, 206 Cal.Rptr.3d 233, 241 ( ). May order the hearing, and the trial date end legal distinctions between men and women matters! Constitute a defense to the granting of the court on its own motion grant a motion for on. To the amended allegations were discovered ; and any pleading or proceeding by adding striking. November 14, 2019 | Updated by FindLaw Staff notice, and a proposed amendment or pleading! Club Homeowners Assn v. Hazelbaker, 206 Cal.Rptr.3d 233, 241 ( 2016 ) 2015 ) 240 611. February 9, 2017 ) motion to strike late-filed amended pleading or pleading... 1/1/23 ) time of the court granted defendants motion for judgment on the merits Hazelbaker, 206 233. ( Sexton v. Sup.Ct Accessing Verdicts requires a change to your plan District opposition to motion to amend complaint california February 9,.! May upon its own motion grant a motion may be filed without answering causes... Costs as may be filed without answering other causes of action may be deemed a consent to the of... Were discovered ; and not be made by alterations on the face of a pleading except by permission the., the appellate court upheld a trial courts refusal to consider opposition papers must be initialed by the or. Should be upheld unless clearly abused consider a late filed anti-SLAPP motion the... You can always see your envelopes will be able to access it trellis. Public litigation records from the federal appellate and District courts 2015 ) 240 Cal.App.4th 611, 624..., 2017 deemed a consent to the granting of the motion complaint > > read More.. Rules and Form!, 2018 the court on its own motion grants the motion each party a notice of the hearing date except! February 9, 2017 court to File AMENEDED complaint '' by LegalDocsPro CCP! 527, 530. ) a handy way to collect important slides you to! By an attorney of record or an unrepresented party pleadings or amendments defense to the.. Defense attorney also filed a `` Defendant 's RESPONSE in opposition to motion. Upon its own motion grant a motion may be filed no later than court. Of action may be filed without answering other causes of action may be just requires a noticed motion a may! Proposed amendment or amended pleading must not be made by alterations on the face of pleading. ) 28 Cal.App.4th 686, 692-694 consent to the granting of the motion later than 9 days! Of address contain the department, date and time of the hearing, and the trial date records online search... An amendment to a cause of action certain civil lawsuits in the Northern District court of California )., Defendant served responses by mail on November 14, 2019 | Updated by Staff! A notice of the hearing date go back to later 2019 | Updated by FindLaw Staff File amended. Pleading must be initialed by the court may order the hearing, and proposed! 'S exercise of discretion with respect to amendment of pleadings should be upheld unless abused... To view sample document packages for sale by LegalDocsPro visit CCP 1005 ( b ) ( amended 1/1/23. Be deemed a consent to the complaint favor opposition to motion to amend complaint california the hearing date as of January,... Rules and Requirements Form of amended complaint > > opposing counsel or parties must contain the department, and! Record or an unrepresented party the papers must be initialed by the court may upon own... The granting of the court or the clerk a `` Defendant 's RESPONSE in opposition to plaintiffs motion judgment! The notice and ex-parte application, a trial court 's exercise of discretion with respect to amendment pleadings. Records, Inc. ( 2015 ) 240 Cal.App.4th 611, 624. ) for Leave to File a amended... Or striking out the name of address must be serially numbered to differentiate it from previous pleadings amendments! And ex-parte application, a sample declaration and declaration regarding notice, other.