What is the test for an opposing party to amend their opposition to a plaintiff's liability claim?
California, United States of America
The following excerpt is from Martine v. Heavenly Valley Ltd., 238 Cal.Rptr.3d 237, 27 Cal.App.5th 715 (Cal. App. 2018):
only requires that he or she negate plaintiff's theories of liability as alleged in the complaint"]; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258 [78 Cal. Rptr. 3d 372] [a party seeking to expand issues presented by the complaint must do so by amending the complaint, not by way of opposition papers alone].)
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