Mesler v. Bragg Management Co

In Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, the Supreme Court recognized the strong policy in favor of liberal allowance of pleadings and observed that reversal of a trial court's order denying an amendment is "common" where the plaintiff makes a showing on appeal that he or she was prejudiced by the trial court's order. (Id. at pp. 296-297.) In Mesler, the Supreme Court concluded the trial court should have allowed plaintiff to amend to add an alter ego issue because: the trial court denied the amendment stating it would result in continuing plaintiff's time for trial yet plaintiff requested the amendment; defendant was not surprised by plaintiff's reliance on the theory; the related concept of agency had been alleged in the original complaint; and plaintiff had relied on the alter ego theory in opposition to other motions. (Id. at p. 297.)