Amending a Pleading – Kittredge Sports

What do Mammoth Lakes, California, skiing and ski rentals have to do with amending complaints?  The answer arises out of a case Kittredge Sports Company v. Superior Court (1989) 213 Cal. App. 3d 1045, a case that provides guidance on amending the complaint.  We thought this case was interesting because many of us enjoy spending time and Mammoth Lakes and frequent Kittredge Sports on main street.

In this case, Kittredge rented skis to a skier who ultimately injured her knee when her binding failed to release.  She filed a claim against Kittredge based on negligence and personal injury.  Kittredge in turn filed an action against Marker for breach of contract (the binding maker).   Kittredge later sought  to amend the complaint to add causes of action for breach of the covenant of good faith and fair dealing and tortious denial of the existence of a contract.  The trial court denied the motion based on Marker’s argument that Kittredge’s complaint could not state a valid cause of action.  This ruling was overturned by the Court of Appeals.

Specifically, citing other cases, the Court of Appeals noted “the preferable practice would be to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings”

At Schorr Law our team of litigators have extensive experience with amending and amended pleadings.  To inquire about a free consultation, please do not hesitate to contact us. You can call, email us, or use our contact form to easily send us a message.

Share Button
Posted in Litigation

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

Contact Schorr Law

Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

Need Representation?

If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award