21CV45573
DEFENDANTS’ MOTION FOR LEAVE TO FILE AMENDED
ANSWER
This is a wrongful foreclosure case.
Defendant wishes to file an amended answer to the second amended complaint (SAC)
to "explain, clarify and simplify the denials and affirmative defenses to the causes of
action pleaded against each defendant by making the additions, deletions and edits as
well as adding supplemental affirmative defenses … , and the finality of the judgment in
IRBC 2 Properties LLC. v Foster in Calaveras County Superior Court Case No.20
UD13121.” (Motion for Leave to File Amended Answer, 2:10-15.)
Courts have long exercised liberality in permitting amendments to pleadings, particularly
amendments to answers. Permalab-Metalab Equipment Corp. v. Maryland Cas. Co.
(1972) 25 Cal.App.3rd 465, 472. Defendants’ remedy is to request leave of the court to
amend their answer to assert the defenses. " If either party finds, on the hearing of such
a motion, that his pleading is not adequate, eithe