Overview

Overview

HOLDINGS: [1]-The trial court’s authority to adjust the equities on a rescission claim under Civ. Code, § 1692, did not permit awarding damages on a breach of contract claim that had been dismissed with prejudice before trial and omitted from an amended complaint because the trial court granted no relief on the rescission claim, there could be no entitlement to relief on the dismissed and abandoned contract claim, the omission of the contract claim from the amended complaint was not inadvertent, and the rescission claim could not serve as a basis for an award of damages; [2]-A posttrial motion for leave to conform the pleadings to the proof presented at trial under Code Civ. Proc., § 469, was properly denied because leave to amend under Code Civ. Proc., §§ 473, 576, could not be granted under circumstances where it was prejudicial to the rights of the adverse party.

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Outcome

Judgment reversed; posttrial order affirmed.

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