Does a rule requiring substitution of a new class representative after a ruling that the named plaintiff is inadequate be inconsistent with the general principle that a trial court has discretion in deciding whether to permit an amended complaint?

California, United States of America


The following excerpt is from Payton v. Csi Elec. Contractors, Inc., 238 Cal.Rptr.3d 571, 27 Cal.App.5th 832 (Cal. App. 2018):

An absolute rule requiring substitution of a new class representative after a ruling that the named plaintiff is inadequate would be inconsistent with the general principle that a trial court has discretion in deciding whether to permit an amended complaint. (See Record v. Reason (1999) 73 Cal.App.4th 472, 486, 86 Cal.Rptr.2d 547 ( Record ) [trial court " has wide discretion in allowing the amendment of any pleading [citations], [and] as a matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown "], quoting Bedolla v. Logan & Frazer (1975) 52 Cal.App.3d 118, 135136, 125 Cal.Rptr. 59.)

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