Case Number: NC060097??? Hearing Date: June 07, 2016??? Dept: S27
Plaintiff Edmond Nemani seeks leave to file a First Amended Complaint.
The gravamen of the initial complaint concerns breach of an agreement whereby Plaintiff would receive a 50% ownership interest in a car wash business in exchange for management services.
The proposed amendment adds a claim for ?voidable transfer (CC Sections 3439.04 et seq.).?
Plaintiff learned at the depositions of individual Defendants that the business had been transferred to a third party without consideration.
The policy in favor of amendment is liberal. Trial has not been set, although a Trail Setting Conference will be held prior to the hearing on this motion. No prejudice is apparent. There has not been undue delay in seeking amendment after learning the salient facts during discovery.
The motion is granted. Plaintiff is ordered to submit a copy of the First Amended Complaint, which is not bound as an exhibit, within five court days.