California | Civil Litigation
Legal Question
Renewing motion for leave to amend complaint after denial
I brought a motion to amend my complaint to add a count for fraud, based on
admissions in defendant’s deposition testimony, to my constructive fraud and
negligence counts.
The defendant's opposition to my motion argued that the proposed
amendment was confusing and prejudicial and that it failed to comply with
the California Rules of Court specifying the page, line, and effect of each
proposed amendment and when the factual basis of each was discovered.
At oral argument, I offered to redo the amendment and motion papers. I
thought the judge was agreeing with me that that was the proper thing to do,
but when I got the order, it just said “DENIED” -- without any findings or
guidance.
Is it presumed that the denial was ''with prejudice'' or ''without prejudice” if it
doesn’t specifically say?
I've submitted a revised amended complaint that's fully documented in the
motion papers. My concern now is to be prepared in case I was supposed to
have understood from the ''DENIAL'' that it was ''with prejudice.''
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