Opinion
2023 CW 0765
09-18-2023
ROOF TECHNOLOGIES, INC. AND GREEN SYSTEM OF LOUISIANA, LLC v. GOLDEN STATE CLAIMS ADJUSTERS AND AIX SPECIALTY INSURANCE COMPANY
In Re: Golden State Claims Adjusters and AIX Specialty Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 715057.
BEFORE: THERIOT, PENZATO, AND GREENE, JJ.
WRIT GRANTED. We find the trial court abused its discretion in denying the motion for leave to file an amended answer filed by the defendants, Golden State Claims Adjusters and AIX Specialty Insurance Company. Liberality is appropriate to the amendment process where: 1) the moving party is acting in good faith; 2) the amendment is not being used as a delaying tactic; 3) the opponent will not be unduly prejudiced; and 4) the trial will not be unduly delayed. Wilson v. Lincoln Benefit Life Company, 20-1 (La.App. 5th Cir. 2/18/20), 2020 WL 808224, *2 (unpublished) . Here, we find the plaintiffs failed to show the defendants were not acting in good faith, that the amendment was being used as a delaying tactic, that plaintiffs would be unduly prejudiced, and that the trial would be unduly delayed, as there are no pending deadlines and this case has not yet been set for trial. We reverse the trial court's June 26, 2023 judgment and grant the motion for leave to file an amended answer filed by the defendants, Golden State Claims Adjusters and AIX Specialty Insurance Company.
MRT
AHP
HG