California takes a generous attitude toward amending complaints; a plaintiff will be granted leave to amend his/her/its complaint if there is a reasonable possibility that the plaintiff can state a cause of action, whether in tort, contract, or equity. In Sanai v. Saltz (2009), 170 Cal.App.4th 746, the Court of Appeal noted that although courts should guard against amended pleadings not made in good faith, it is improper to require the plaintiff to submit admissible evidence in support of the proposed amendment before granting leave to amend the complaint.
- Thomas H. Clarke, Jr.
Thomas H. Clarke, Jr., J.D., M.S., is Chair of the Ropers Majeski Kohn & Bentley Environmental Practice Group and has over 30 years of environmental consulting and litigation experience. RMKB has offices in San Francisco, Los Angeles, New York, Boston, San Jose, & Redwood City.
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March 29, 2009
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