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Tentative Ruling: Santa Barbara Plastic Surgery Center et al vs Michael Murphy et al

Case Number

22CV02650

Case Type

Civil Law & Motion

Hearing Date / Time

Fri, 06/07/2024 - 10:00

Nature of Proceedings

Motion Leave

Tentative Ruling

The motion of cross-complainants for leave to file a first amended cross-complaint (FACC) is granted. While cross-defendants make numerous arguments regarding the sufficiency of the proposed FACC, where the sufficiency of the amended pleading is contested, the better course of action is to permit the proposed amendment and then let the parties test its legal sufficiency in other appropriate proceedings. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.) Cross-complainants shall file and serve their FACC, in substantially the same form as attached to the motion, on or before June 14, 2024.

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