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defenses of unclean hands and failure to mitigate damages, and the <br /> defendants are entitled to plead and prove the same. <br /> 3 . Leave to amend must be freely given when justice so <br /> requires. C.R.C.P. 15 (a) ; Zertuche v. Montgomery Ward & Co <br /> Inc. , 706 P.2d 424 (Colo. App. 1985) . Failure to grant a motion <br /> to amend, absent evidence of prejudice to the opposing party or <br /> the Court, is an abuse of discretion. See K_-R Funds, Inc. v. Fox, <br /> 640 P.2d 257 (Colo. App. 1981) . Defendants' first discovery <br /> requests have just been served, and the plaintiff itself has not <br /> yet commenced discovery. Furthermore, a motion to dismiss is <br /> pending. This case is still in its early stages, and no undue <br /> delay or other prejudice will result from permitting the requested <br /> amendment. In addition, the grounds for these defenses did not <br /> exist at the time the Answer was filed, and leave to amend is <br /> being timely sought in relation to occurrence of the underlying <br /> events. Under all of the circumstances, therefore, justice <br /> requires that this motion be granted. <br /> WHEREFORE, the defendants move for leave to amend their <br /> Answer to add the affirmative defenses of failure to mitigate <br /> damages and unclean hands. <br /> Respectfully submitted this day of March, 1994 . <br /> PENDLETON & SABIAN, P.C. <br /> By: • <br /> el W. Cantrick (#7724) <br /> r ttoneys for Defendants <br /> 303 East Seventeenth Avenue <br /> Suite 1000 <br /> Denver, Colorado 80203 <br /> Telephone: (303) 839-1204 <br /> Telefax: (303) 831-0786 <br /> 2 - <br />