What is the effect of a motion for leave to amend on a motion to amend?
California, United States of America
The following excerpt is from Great West Contractors Inc. v. Irvine Unified Sch. Dist., 115 Cal.Rptr.3d 378, 187 Cal.App.4th 1425 (Cal. App. 2010):
Almost two months later, on December 10, 2008, the motion for leave to amend was heard. The most significant point of the oral argument was Great West's counsel's plea that, no matter how the court ruled on the request to amend, the court enter its order on the motion to amend prior to the filing of any judgment. (Obviously counsel did not realize that if the motion to amend were granted, there could be no appeal because there would have been a cause of action remaining for disposition. (See Morehart v. County of Santa Barbara, supra 7 Cal.4th at p. 743, 29 Cal.Rptr.2d 804, 872 P.2d 143.))
M. The Request to Amend is Denied and this Appeal Ensues
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