Arthur L. Sachs, Inc. v. City of Oceanside

Plaintiff Oceanside Unified School District (District) filed a complaint against Arthur L. Sachs, Inc. (Sachs), seeking various forms of relief arising out of the sale and purchase of real property in Oceanside, California. Sachs filed a cross-complaint and a first amended cross-complaint against the District. Upon trial, judgment was entered against Sachs based upon his failure to comply with certain provisions of the claims statute. Sachs filed a notice of appeal. Thereafter an agreement was reached, the appeal was dismissed and the action reinstated on the civil active list. An at issue memorandum was filed on September 29, 1978. One month later Sachs dismissed his original attorney and substituted in his present counsel. A second trial date (June 4, 1979) was assigned and a continuance stipulated for trial on February 4, 1980. On November 16, 1979, Sachs filed a motion to file a second amended cross-complaint. The court denied the motion and Sachs thereafter agreed the judgment be entered against him so that this appeal might be pursued. Sachs contends the trial court abused its discretion in refusing to grant him leave to file the second amended…