Any Attorney or Party

Any Street

Any Town, CA 55555

714-555-5555

Any Attorney or Party

Superior Court of the State of California

For the County of _________________

Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants.	) ) ) ) ) ) ) ) ) ) ) )	Case No. NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED PETITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF APRIL KELLNER; EXHIBITS DATE: TIME: DEPT:

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of the above entitled court, located at ____________________________________________, Defendant, _________________________, will and hereby does move the Court for leave to file an an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED in this action.

This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. and the established policy in California liberally permitting amendments at any stage of the proceeding.

This motion is based upon this notice, the attached memorandum of points and authorities, the Declaration of ____________________ and Exhibits thereto, the records and files of this action, and upon such oral and documentary evidence as may be presented upon the hearing of the motion.

DATED: ___________	_________________________________________________________

Any Attorney or Party

MEMORANDUM OF POINTS AND AUTHORITIES

I.

STATEMENT OF FACTS

This case arises out of ____________________________________.

_____ requests leave of Court to file an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC., and the established policy in California liberally permitting amendments at any stage of the proceeding.

________ has complied with California Rule of Court 3.1324(a)1-3 in that a copy of the proposed _____________________ is attached as Exhibit “1” to the declaration of ______________.

The following allegations in the original Petition are to be deleted;

1.	LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO DELETIONS THEN REMOVE THIS SECTION.

The following allegations are proposed to be added:

1.	LIST HERE ALL ALLEGATIONS THAT YOU ARE PROPOSING TOADD THE AMENDED PLEADING. LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6.

2.	LIST HERE MORE ALLEGATIONS THAT YOU ARE PROPOSING TOADD THE AMENDED PLEADING. LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6.

________ has complied with California Rule of Court 3.1324(b)1-4 in that the declaration of _____________ and Exhibits attached thereto the proposed amendment will:

1.	LIST HERE THE EFFECT OF THE AMENDMENTS SUCH AS ADD NEW PARTIES, ALLEGATIONS, NEW DEFENSES, ETC.

2.	LIST HERE WHY THE AMENDMENT IS NECESSARY AND PROPER.

3.	LIST HERE WHEN THE FACTS GIVING RISE TO THE AMENDED ALLEGATIONS WERE FIRST DISCOVERED.

4.	LIST HERE THE REASONS WHY THE PROPOSED AMENDMENT WAS NOT MADE EARLIER.

Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation.

II.

ARGUMENT

A.	THE COURT HAS THE DISCRETIONARY POWER TO GRANT LEAVE TO	AMEND THE ________________________________________

Both Code of Civil Procedure §§ 473(a) and 576 state in pertinent part that a court may, in the furtherance of justice, allow a party to amend any pleading on any terms as may be proper.

Granting ________ leave to amend would assist in the furtherance of justice in that LIST HERE THE REASONS SUCH AS THE AMENDMENT WILL HELP CLARIFY THE ISSUES IN THE CASE.

Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation.

B.	THE ESTABLISHED POLICY OF THIS STATE FOR OVER 100 YEARS	THAT AMENDMENTS SHOULD BE LIBERALLY PERMITTED AT ANY STAGE	OF THE PROCEEDING

Numerous decisions of the California Supreme Court and Courts of Appeal have stated that permitting amendments in the furtherance of justice is to be liberally permitted any stage of the proceeding.

“This statutory provision giving the courts the power to permit amendments in furtherance of justice has received a very liberal interpretation by the courts of this state.” Klopstock v. Superior Ct. (1941) 17 Cal.2d 13, 19; see also Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.

Courts apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings up to and including trial. See Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-97;

In fact liberal amendment of pleadings has been the established policy of California since 1901.	“That the trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy of this state since 1901.” Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488-89

Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation.

C.	THE POLICY FAVORING LEAVE TO AMEND IS SO STRONG THAT	AMENDMENT MUST BE PERMITTED UNLESS THE ADVERSE PARTY CAN	SHOW MEANINGFUL PREJUDICE

The policy favoring leave to amend is so strong that amendment must be permitted unless the adverse party can show meaningful prejudice.

The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice, such as the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; see also Solit v. Taokai Bank, Ltd. (1999) 68 Cal.App.4th 1435, 1448.

Unless a showing of prejudice is made by the adverse party even delay alone is not a sufficient reason for denying leave to amend.

Absent a showing of such prejudice, delay alone is not grounds for denial of a motion to amend. See Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 1048; see also Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 563-65.

____________ will not suffer any meaningful prejudice in that LIST HERE THE REASONS WHY THE OPPOSING PARTY WILL NOT SUFFER ANY MEANINGFUL PREJUDICE.

Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation.

III.

CONCLUSION

Based on the foregoing facts, arguments, and points of law, the Court is urged grant this motion and allow ____________ leave to amend their _________________________________.

DATED: ___________	_________________________________________________________

Any Attorney or Party

DECLARATION OF _________________________

I, ____________________, declare as follows:

1.	I am ___________________________ in this action. I am over the age of 18 years and have personal knowledge of the facts contained in this declaration, and if called as a witness, could and would testify competently to the following.

2.	I make this declaration in support of the motion for leave to file an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED in this action. A true and correct copy of said proposed amended pleading is attached hereto as Exhibit “1” and incorporated herein by reference.

3	________ has complied with California Rule of Court 3.1324(a)1-3 in that

A.	The following allegations in the original __________________ are to be deleted;

1.	LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO DELETIONS THEN REMOVE THIS SECTION.

B.	The following allegations are proposed to be added:

1.	LIST HERE ALL ALLEGATIONS THAT YOU ARE PROPOSING TO ADD

TO THE AMENDED PLEADING. LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6.

2.	LIST HERE MORE ALLEGATIONS THAT YOU ARE PROPOSING TOADD THE AMENDED PLEADING. LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6.

4.	________ has complied with California Rule of Court 3.1324(b)1-4 in that the the proposed amendment will

A.	LIST HERE THE EFFECT OF THE AMENDMENTS SUCH AS ADD NEW PARTIES, ALLEGATIONS, NEW DEFENSES, ETC.

B.	LIST HERE WHY THE AMENDMENT IS NECESSARY AND PROPER.

C.	LIST HERE WHEN THE FACTS GIVING RISE TO THE AMENDED ALLEGATIONS WERE FIRST DISCOVERED.

D.	LIST HERE THE REASONS WHY THE PROPOSED AMENDMENT WAS NOT MADE EARLIER.

5.	LIST NAME OF ADVERSE PARTY OR PARTIES HERE will not suffer any meaningful prejudice if the motion is granted in that LIST HERE THE REASONS WHY THE OPPOSING PARTY WILL NOT SUFFER ANY MEANINGFUL PREJUDICE.

6.	I respectfully request that the Court grant the motion to allow leave to file the

amended ____________________________________.

Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________, at __________________________, California.

________________________________________________

NAME OF PERSON SIGNING DECLARATION

Be sure to attach a copy of the proposed amended pleading as Exhibit “1” to this Declaration.

PROOF OF SERVICE

I am over the age of 18 and not a party to this action.

I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS.

On ____________________ I served the foregoing document(s) described as: NOTICE OF

MOTION AND AMENDED __________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _____________; EXHIBITS to the following parties:

NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY

[X] (By U.S. Mail) I deposited such envelope in the mail at ______________, California with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the State of California that the foregoing

is true and correct.

DATED: ______________

_______________________________________

NAME OF PERSON SERVING PAPERS