dissenting.
I respectfully dissent from the majority opinion, which throws a plaintiff out of court, permanently, for failure to allege in his complaint that “all conditions precedent have been performed.” See Md. Rule 2-304(b). It does so without allowing him leave to amend his complaint, even though he made good-faith attempts to comply with the notice requirement and alleges in a responsive pleading that he has complied with the condition precedent at issue. This result, I fear, is another step towards a “gotcha jurisprudence” which makes unreasonable demands of “lawyers in the trenches.” *698See Smith v. Kent County Comm’rs, 418 Md. 692, 742, 18 A.3d 16, 40 (2011) (Adkins, J., dissenting).
I.
The majority avoids consideration of whether Hansen substantially complied with the notice requirement of the LGTCA by sending his letter to the City Administrator and Deputy City Administrator within the 180 daywindow,1 preferring instead to impose a strict pleading requirement regarding that notice, and rejecting Hansen’s efforts to bring his pleading into compliance by proving his delivery of notice. See Maj. Op. at 678, 683-85, 25 A.3d at 127, 130-31.
To be sure, Hansen, in his complaint, failed to include an allegation that he gave the City notice within 180 days. But, as soon as the City filed its Motion to Dismiss, Hansen filed “Plaintiffs Opposition to Defendant’s Motion To Dismiss.” In his Opposition, Hansen alleged that “[o]n March 12, 2007, [he], through his counsel, delivered by hand to the Office of the City Administrator a comprehensive letter, detailing the types of claims pending against the City, the factual basis for the claims, and an offer to resolve this matter privately.” Hansen also asserted that the Prince George’s County Human Relations Commission sent to the City Administrator a “Notice of Charge of Discrimination,” along with a copy of his filing with the Commission. Attached to Hansen’s Opposition motion was a copy of his detailed letter setting forth the alleged discrimination, and his injury, which, he alleges, was timely hand-delivered to Ms. Mills. With this Opposition, Hansen clearly alleged, although not in his complaint, that within 180 days of his termination, he had given the City Administrator notice of his claim.2
*699The majority cites various cases to support its holding that where there are conditions precedent to a cause of action, the plaintiff must allege his fulfillment of those in his complaint. I do not contest this pleading requirement. But what the majority ignores is that in the vast majority of cases addressing this issue, the plaintiff is given leave to amend his complaint to include such allegation, either at the trial or appellate level. The first case cited by the majority, Cannon v. McKen, 296 Md. 27, 37-38, 459 A.2d 196, 202 (1983), when this Court held the complaint was properly dismissed for failure to allege compliance with a condition precedent, it directed that the case be remanded to allow the defendant to amend her pleadings. See Cannon, 296 Md. at 38, 459 A.2d at 202 (“Accordingly, we shall remand this case to the Circuit Court for Prince George’s County under Rule 871 for further proceedings as necessary to allow the plaintiffs to plead facts which show whether or not their claim falls within the Act.”). In the second case cited, a medical malpractice action, we remanded the action to the Health Claims Arbitration Office, but “[i]n all fairness, the tort case in the circuit court must be kept alive pending the outcome of the arbitration proceedings to prevent the running of limitations.” Jewell v. Malamet, 322 Md. 262, 276, 587 A.2d 474, 481 (1991). No similar fairness consideration was given to the plaintiff, Hansen, although in his brief to this Court he requested leave to amend his complaint.
The Majority only cites two cases in which this Court dismissed a suit without granting leave to amend. See Neuenschwander v. Washington Suburban Sanitary Comm., 187 Md. 67, 48 A.2d 593 (1946); Engle v. Cumberland, 180 Md. 465, 25 A.2d 446, (1942). Both of these cases, however, are from the 1940s, and do not even address the issue of whether a party should be entitled to leave to amend.
*700Indeed, as we said in Hall v. Barlow, Corp., 255 Md. 28, 255 A.2d 873 (1969), and often since, the modern trend is to freely allow amendments in the interests of justice:
It is well settled that the allowance of leave to amend is within the sound discretion of the trial court and that we will not disturb the lower court’s ruling unless it has clearly abused its discretion.
As Judge Oppenheimer, for the Court, stated in Town of Somerset v. Montgomery County Board of Appeals, 245 Md. 52, 61, 225 A.2d 294, 300 (1966): “We have repeatedly held that an order denying or allowing an amendment will not be reversed in the absence of a clear showing of an abuse of discretion.” (citing prior Maryland cases)
It is also well settled that amendments are to be fully allowed to the end that cases will be tried on their merits rather than upon the niceties of pleading. Maryland Rule 320 d 1(b) expressly provides, in part, that “An amendment shall not be made without leave of court but leave to amend shall be freely granted in order to provide justice.” (Emphasis supplied.)
As Judge Horney, for the Court aptly stated in Standard American Homes, Inc. v. Pasadena Building Co., 218 Md. 619, 624-25, 147 A.2d 729, 732-33 (1959):
Whenever a demurrer to a bill or other pleading is sustained, an amendment may be allowed by the court in its order sustaining the demurrer without the necessity of a motion or petition therefor, but whether an amendment shall be allowed is always within the sound discretion of the court. Maryland Rule 320 d 1(e). However, if seasonable application is made therefor, a court will ordinarily grant leave to amend at any time before a final order is entered so that a case may be tried on its merits. Rule 320 a 1, 320 c 1, 320 d 1(b).
This represents the trend of the modern cases. See, e.g., Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Matsumato v. Arizona Sand and Rock Co., 80 Ariz. 232, 295 P.2d 850, 56 A.L.R.2d 1385 (1956); Norway Water *701Dist. v. Norway Water Co., 139 Me. 311, 30 A.2d 601 (1943); Kleinknecht v. McNulty, 169 Neb. 470, 100 N.W.2d 77 (1959); Weiler v. Ross, 80 Nev. 380, 395 P.2d 323 (1964); Hermes v. Markham, 78 N.D. 268, 49 N.W.2d 238 (1951); City Electrical Service & Equipment Co. v. Estey Organ Co., 116 Vt. 435, 77 A.2d 835 (1951). See, generally, 3 Moore, Federal Practice para. 15.08[2] (2d Ed. 1968).
Hall, 255 Md. at 39-42, 255 A.2d at 878-79.
We have continued to adhere to Hall’s preference for granting leave to amend. See, e.g., RRC Northeast, LLC v. BAA Md., Inc., 413 Md. 638, 674, 994 A.2d 430, 451-52 (2010) (Harrell, J., for the Court) (citing Hall for the proposition that “it is the rare situation in which a court should not grant leave to amend[.]”). The policy goal behind our liberal amendment policy is to have cases decided on the merits. See Crowe v. Houseworth, 272 Md. 481, 485, 325 A.2d 592, 595 (1974) (“We have said that amendments should be freely allowed in order to promote justice, ... so that cases will be tried on their merits rather than upon the niceties of pleading[.]”). See also McMahon v. Piazze, 162 Md.App. 588, 599, 875 A.2d 807, 813 (2005) (“The general rule is that amendment should be allowed liberally.”).
On this same point, the Seventh Circuit has explained the federal policy against dismissal with prejudice on a failure to meet a technical pleading requirement:
In Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80, the Supreme Court set out the general policy of the federal courts favoring liberal construction of pleadings. “The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” Id. at 48, 78 S.Ct. 99. Professors Wright and Miller have similarly commented: dismissal under Rule 12(b)(6) generally is not on the merits and the court normally will give plaintiff leave to file an amended complaint. The federal policy of deciding cases on the basis of the *702substantive rights involved rather than on technicalities requires that plaintiff be given every opportunity to cure a formal defect in his pleading ... Amendment should be refused only if it appears to a certainty that plaintiff cannot state a claim.
Wright & Miller, Federal Practice & Procedure § 1357, at 611-613. See also Musikiwamba v. ESSI, Inc., 760 F.2d 740, 753 (7th Cir.1985); Friedlander v. Nims, 755 F.2d 810, 813 (11th Cir.1985); Micklus v. Greer, 705 F.2d 314, 317 n. 3 (8th Cir.1983); Jureczki v. City of Seabrook, 668 F.2d 851, 854 (5th Cir.1982) (dismissal with prejudice is a drastic remedy to be used only where a lesser sanction would not better serve the interests of justice).
Redfield v. Continental Casualty Corp., 818 F.2d 596, 609-610 (7th Cir.1987)
Certainly, the rules of procedure must be followed. But, we are here to administer justice, and doing so requires temperate, not harsh, administration of rules. Regardless of the merits of this one case, we should demonstrate in our decision-making that we maintain a high decree of appreciation for the fact that rules of procedure are a mechanism for achieving fair results across the board, but that they are only a mechanism, not traps for good faith pleaders. We are not here to fix lawyer’s mistakes, but by the same token, I firmly believe that when a party or his lawyer has made a timely, good faith effort to respond to a motion to dismiss by making additional written allegations that address the deficiency that is highlighted by the motion, dismissal without leave to amend is not the just result.
The majority even goes so far as to suggest that had Hansen included in his complaint an allegation that he mailed the letter, describing its contents, it would be deficient because he said he was filing his claim of discrimination with the appropriate administrative agencies, not that he was filing suit. In its words, “The three documents attached to Hansen’s opposition to the City’s motion to dismiss expressed his intent to file claims with ‘local and federal administrative *703agencies,’ to wit, the Prince George’s County Human Rights Commission and the U.S. Equal Employment Opportunity Commission. The documents did not reflect expressly an intent to file a complaint or claim in the Circuit Court for Prince George’s County or any other court.” Maj. Op. at 675, 25 A.3d at 125. The purpose of the notice requirement of the LGTCA is simply to enable the local government to perform a timely investigation and plan for contingent financial liabilities. It is pretty obvious that when a person hand-delivers a notice of his intent to file a discrimination claim against a city with the appropriate agencies, when exhaustion of administrative remedies is required, that ultimately, a suit against the city will follow. The majority’s taking Hansen to task in this manner simply reinforces an impression that we are hostile to claimants, or that we sit here searching for imperfections that may trip up a litigant. Given the complexities of modern law and procedure, even for litigants who are represented, it is not so easy to get every technical point exactly right the first time. In pursuing such a “zero tolerance” standard, I submit that we make the practice of law, and litigation a hazardous occupation, and encourage lawyers to focus on how they may trip up their opponents on a procedural mistake rather than resolve the substance of the dispute. This trend not only warps the administration of justice, but contributes to the lack of civility and professionalism that we frequently lament. I submit that a more tolerant view is called for.
II.
If Hansen were permitted to amend, the issue then will be: whether serving the City Administrator constitutes substantial compliance within the requirement of Md.Code, Courts & Judicial Proceedings Article (“C J”) § 5-301 that the City must be given notice within 180 days after the injury.
Although the majority chooses not to decide this issue, it takes the privilege of offering strong dictum on several of the issues subsidiary to this question. For example, the majority sets forth its views, as dictum, on how Hansen should have provided notice under the LGTCA. Maj. Op. at 674, 25 A.3d *704at 124 n. 3. It pronounces: “According to the plain words of the statute, a plaintiff whose cause of action was ‘[i]n Prince George’s County’ should provide notice to ‘the county solicitor or county attorney.’ ” Id.
Subpart (c) of Section 5-304 provides that ‘[ejxcept in ... Prince George’s County, the notice shall be given ... to the county commissioner, county council, or corporate authorities of a defendant local government[.]” (emphasis added). It goes on to say that “in ... Prince George’s County, the notice shall be given in person or by certified mail ... to the county solicitor or county attorney.” Although it is clear that a litigant suing Prince George’s County should not serve the relevant “corporate authorities,” but instead serve the “county attorney,” it is not as clear whether that exception to the LGTCA’s general rule applies for all municipalities within Prince George’s County, including the defendant municipality of Laurel in this case. It is just as likely that the General Assembly intended that with respect to a municipality, the notice be sent to the “corporate authorities” of that municipality rather than to the county attorney. Often towns or cities within counties do not have unified governmental functions, and sometimes a municipal government is at odds with the local county government. A better interpretation of this statute is that it was specific in identifying the recipient for the county governments, but general as to the municipalities, lumping the latter together and calling for notice to the “corporate authorities.” At the very least, Section 5-304(c) is ambiguous, not “plain” as the majority declares.
So, the issue before us is whether notice to the City Administrator constitutes notice to the “corporate authorities.” Without a known common usage of the term or any statutory definition, and considering that this Court has declined to define that term,3 we should not hold that Hansen’s delivery of *705notice to the Town Administrator is deficient as a matter of law. This is especially so given past instances when, based on the factual circumstances of the plaintiffs attempts at notice, we have held that the plaintiff had “substantially complied” with the LGTCA’s notice provisions. See, e.g., Faulk v. Ewing, 371 Md. 284, 308, 808 A.2d 1262, 1278 (2002) (holding there was “substantial compliance” when claimant against local municipality sent a notice to the municipality’s insurer providing notice, because it “satisfied the underlying purpose of the notice statute.”); Moore v. Norouzi, 371 Md. 154, 807 A.2d 632 (2002) (plaintiffs effected “substantial compliance” with LGTCA by sending notice to the defendant county’s third-party claims administrator).
A claimant should not have to guess the mystery incantation that will unlock the gates to LGTCA compliance. At the very least, Hansen should have the right to conduct discovery into what happened to the letter after receipt by the Town Administrator.
For the above stated reasons, I dissent.
. As the majority acknowledges, there is no dispute that Plaintiff sent a letter to the City Administrator and Deputy City Administrator "show[ing] that Hansen had notified the City Administrator of his discrimination claim within the 180-day window.” Maj. Op. at 674, 25 A.3d at 125. It declines, however, to decide whether Hansen’s notice constituted compliance or substantial compliance with Section 5-304 of the LGTCA.
. Here, all Hansen was required to do was allege generally that "all conditions precedent have been performed or have occurred.” See *699Maryland Rule 2-304(b) ("In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.”).
. See Moore v. Norouzi, 371 Md. 154, 170-171, 807 A.2d 632, 642 (2002) ("Although extremely interesting ..., we will not address the petitioners’ arguments [regarding] the meaning of "corporate authorities” or agency. Whatever we might decide [on that] issue, we believe *705that reversal is mandated because the petitioners substantially complied with the notice requirements.”).