A friend of mine with some legal training is defending himself in court and I am worried about his assumptions.
He has asked for a judgment on pleading in a construction case where it has been discovered that the contractor in question was in fact not licensed at all. The permit was from a company that the builder was involved with but the contract was with the person them self and who was not licensed and has sued.
My friend has assumed that the construction company and the person were the same but now we know they are not.
I am told that leave to amend is customarily given. I was wondering if when they amend, will the arguments they made to prevent the judgment by the contractor have any bearing in the future or are they ignored?
In the arguments they say they were not a contractor.
I would assume if the contractor amends, they will plead that they were licensed. So will the arguments they made be gone at that point or they are part of the record?
Your post contains very broad generalizations and vague assumptions which make it difficult to answer. With respect to the particular questions re amending pleadings - yes, leave to amend is generally granted. As to arguments being raised at a later date, arguments are just that and not evidence. However, if the arguments are supported by declarations, you can question the declarant regarding the statements during discovery and then pin down the facts you need to support your friends case.
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