MacIsaac v. Pozzo

In MacIsaac v. Pozzo (1945) 26 Cal.2d 809, the Court of Appeal held that the trial court erred in granting, without leave to amend, the plaintiffs' motion for judgment on the pleadings brought when the case came on for trial. The appellate court found that the defects in the defendants' cross-complaint and answer could have been cured by amendment and were not called to the defendants' attention by demurrer or an earlier notice of motion for judgment on the pleadings. ( Id. at pp. 815-816.)