Abuse Of Discretion To Deny Plaintiffs Leave To Amend.

Leave to Amend

In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below.  The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a complaint can be amended to state a cause of action . . . for the first time in the reviewing court.”  Bettencourt v. Hennessy Industries, Inc.  (Cal. App. First Dist., Div. 5; May 4, 2012) 205 Cal.App.4th 1103, [141 Cal.Rptr.3d 167].