DiFrank

DISCUSSION

Code of Civil Procedure section 426.50 provides that a “party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross- complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”

2 “Substantial evidence of bad faith will obviously negate good faith, the latter being the sine qua non to the granting of a section 426.50 motion.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 100.) Here, in ruling on client’s motion, the trial court made the factual finding that the motion was brought in bad faith. Consequently, our review of the court’s denial of that motion is limited to whether there is substantial evidence to support the court’s…