Asbury Square, L.L.C. v. Amoco Oil Co.

ORDER

GRITZNER, District Judge.

This matter now comes before the Court on Plaintiffs Motion for Leave to Amend its Second Amended Complaint. Defendant has resisted.

Plaintiff seeks to plead no new facts, but to assert additional legal theories of equitable fraud, promissory estoppel, and equitable estoppel. Defendant argues the amendment would be futile, since the Plaintiff seeks damages, rather than equitable relief, and bases the claim on a written, rather than oral, representation. Thus, Defendant asserts these new legal theories are inapplicable to the case at bar. Plaintiffs brief in…