Updated on August 15, 2017
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.