__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for Defendant, __[name]__


            _ _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )MEMORANDUM OF POINTS AND
                                                                          )AUTHORITIES SUPPORTING
_ _ _ _ _ _ _ _ _ _ _ _ _  )    __[NAME]__'S MOTION FOR LEAVE TO
                               Defendant(s))FILE AMENDED ANSWER
_________________________  )
                                                                                                         Hearing: __[date; time]__
                                                                                                         Department: _ _ _ _ _ _
                                                                                                         Trial Date: __[if set]__

FACTS: In the original answer filed in this action, the name
"John" improperly designates the principal agent of plaintiff,
__[name]__, whose legal name has subsequently been discovered to
be "Johnson." Facts occurring before defendant, __[name]__, filed
its answer to the complaint, but discovered by defendant only
after filing the answer, indicate that an affirmative defense of
unclean hands should be asserted in this action.
    I. ANY PLEADING MAY BE AMENDED IN FURTHERANCE OF JUSTICE.
     Code of Civil Procedure section 473 provides: "The court
may, in furtherance of justice, and on such terms as may be
proper, allow a party to amend any pleading or proceeding by
adding
. . . the name of any party . . . . The court may likewise, in
its discretion, after notice to the adverse party, allow . . . an
amendment to any pleading . . . ."
     At this early stage of the proceedings, it is appropriate to
permit all claims and defenses to be asserted for the furtherance
of justice. No prejudice will be incurred by plaintiff as a
result of this addition to the answer.
    II. MOVING PARTY MUST STATE EFFECT OF PROPOSED AMENDMENT.
     California Rules of Court 327(a) requires the moving party
to state the effect of the proposed amendment to a pleading.
     The general effect of this amendment to the answer would be
to add the following information: __[Specify]__.
                        III. CONCLUSION.
     For the foregoing reasons, defendant is entitled to an order
granting leave to file an amended answer in this action.

Date: _ _ _ _ _ _                      Respectfully submitted,

                                                                                                                                                                                    [Signature]
                                                                                                                                            _________________________
                                                                                                                                                                                    __[Typed name]__
                                                                                                                                            Attorney for _ _ _ _ _ _ _ _ _
 
      

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Legal Forms : Set Two