De Plata v. De Plata

Opinion

3 IN THE SUPERIOR COURT OF GUAM 4 RAMON A. DE PLATA, ) CIVIL CASE NO. DM0113-12 5 ) 6 Plaintiff, ) ) DECISION AND ORDER 7 vs. ) ON MOTION TO AMEND ) 8 BERNITA R. DE PLATA, ) 9 ) Defendant. ) 10 ) 11

12 INTRODUCTION 13 This matter came before the Honorable Alberto C. Lamorena III on 14 September 9, 2013 on Defendant's Motion to Amend. Plaintiff Ramon De Plata was

15 represented by Attorney William Gavras. Defendant was represented by Attorney

16 Seaton M. Woodley, III. After a hearing, the matter was taken under advisement.

17 The Court now issues its Decision and Order. BACKGROUND 18 On July 2, 2013, This Court denied Defendant's Motion to Strike Plaintiffs 19 grounds for divorce. In her Motion to Strike, Defendant unsuccessfully argued that 20 homosexual conduct could not legally constitute adultery under Guam law. On July 21 11, 2013, Defendant filed a Motion to Amend her Answer to include defenses to 22 adultery. On August 9, 2013, Plaintiff filed his Opposition, arguing Defendant had 23 an obligation to include her defenses at the time of her Answer. Defendant filed her 24 Response to the Opposition on August 13, 2013. For the reasons set forth below, the 25 Court shall grant Defendant's Motion. 26 DISCUSSION 27 Leave to amend pleadings "shall be freely given when justice so requires." 28 Guam R. Civ. P. 15(a). Refusal to grant leave to amend without any justifying Decision and Order Case No. DMOI13-12

reason is abuse of discretion. See Arashi & Co .. Inc. v. Nakashima Enterprises, 2 Inc., 2005 Guam 21 ,] 16. Defendant now seeks to assert defenses she did not 3 include in her Answer. While the most prudent course of action on Defendant's part 4 was to assert all defenses from the outset, the Court shall grant Defendant's 5 motion. 6 CONCLUSION 7 For the reasons set forth above, Defendant's Motion to Amend is hereby

8 GRANTED. Defendant shall file her Amended Answer by December 20, 2013.

II It is SO ORDERED this 29th day of Novembe ,

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14 HONORABLE ALBERTO C. \ ORENA, III 15

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