Motion Types Legal Issues

What is a Motion for Leave to Amend?

Most Useful Motion for Leave to Amend Examples

Recent Examples of Motion for Leave to Amend

1-25 of 500 results

PATRICIA D'EGIDIO VS SOUTH COAST COMMERCIAL ELECTRIC, INC., ET AL.

...Defendants’ demurrer and motion to strike portions of the FAC. The Court sustained the demurrer to the 2nd, 4th, and 8th causes of action for unfair business practice, IIED, and PAGA with 20 days leave to amend and overruled the 1st cause of action for negligence. On October 28, 2019, Plaintiff filed the SAC. On November 20, 2019, SCEE, Bochkarev, and Dyachkov (“Defendants”) filed a demurrer to the SAC, as...

... amend. B. Motion to Strike First, Defendants move to strike the entire 10th cause of action, paragraphs 85-93. For the reasons stated above, the Court denies the motion to strike. In any event, leave to amend has been granted. Second, Defendants move to strike paragraphs 42(a)-(b) and 93 from the SAC, which states that Defendants’ conduct was a scheme intended to defraud Plaintiff based on her race as a M...

  • Hearing

    Feb 21, 2020

STUART L. GILI-ROSS VS UNITED FINANCIAL CASUALTY COMPANY

...to Strike Punitive Damages from Plaintiff’s Complaint TENTATIVE RULING: The motion is GRANTED WITH LEAVE TO AMEND. Plaintiff may file an amended complaint within 10 days. If plaintiff does not file an amended complaint within 10 days, the prayer for punitive damages is stricken without leave to amend and defendant shall file an answer within 30 days of the hearing on this motion. Today’s Case Management ...

...of disagreement, by arbitration.” (Cal. Ins. Code § 11580.2.) Defendant’s argument is correct in that it may have a statutory right to conduct discovery, but the argument is irrelevant to the instant motion. Insurance Code § 11580.2 lists certain requirements for insurance companies to follow in creating policy contracts. It does not dictate that in the present situation, plaintiff’s complaint could be s...

  • Hearing

    Feb 21, 2020

RONALD AULD VS VALLEY PRESBYTERIAN HOSPITAL

[TENTATIVE] ORDER RE: MOTION TO DISMISS On December 10, 2018, plaintiff Ronald Auld (“Plaintiff”) filed this action against defendant Valley Presbyterian Hospital (“Defendant”). Defendant was served via substitute service on Jan...

...and motion to strike were heard on May 8, 2019. The Court ordered the FAC stricken, sustained Defendant’s demurrer in part, and granted Plaintiff 20 days’ leave to amend. Plaintiff did not file a Second Amended Complaint (“SAC”) until July 29, 2019. On December 18, 2019, Defendant filed a motion to dismiss stating Plaintiff never served Defendant with the SAC and that Defendant only learned of the SAC by ...

  • Hearing

    Feb 21, 2020

ROBERTO RODRIGUEZ VS NETWORK AUTO BODY, INC., A CALIFORNIA CORPORATION, ET AL.

roberto rodriguez, Plaintiff, v. network autobody, inc., Defendant. Case No.: 19BBCV01005 Hearing Date: February 21, 2020 [TENTATIVE] order RE: motion to strike BACKGROUND A. Allegations Plaintiff Roberto Rodriguez (“Plaintiff”) alleges that he was hired to work as a “painter assistant” with Defendant Network Autobody, Inc. (“Defendant”) in March...

...retaliation. B. Motion to Strike On December 30, 2019, Defendant filed a motion to strike allegations for punitive damages alleged in the complaint. On February 5, 2020, Plaintiff filed an opposition to the motion. DISCUSSION A complaint including a request for punitive damages must include allegations showing that the plaintiff is entitled to an award of punitive damages. (Clauson v. Superior Court (1998) 67...

  • Hearing

    Feb 21, 2020

TIMOTHY MCADAM, ET AL. VS JAY DE MIRANDA, ET AL.

...Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust Resp. Party: Cross-Complainant Robert Hanisee Cross-Defendants’ demurrer is SUSTAINED with leave to amend. Cross-Defendants’ motion to strike is denied as MOOT. BACKGROUND: This case concerns money in a trust that was allegedly distributed to the settlor/trustee’s business partners without the settlor/trustee’s consent. On Dece...

...¶ 15.) On January 21, 2020, Cross-Defendants San Pasqual Fiduciary Trust Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust (“the Trust”) filed the instant demurrer to, and motion to strike provisions of, Hanisee’s cross-complaint. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law,...

  • Hearing

    Feb 21, 2020

CLAIRE LEVINE VS SYLVESTER STEWART, ET AL.

SUBJECT: Motion to Compel Discovery Moving Party: Plaintiff Claire Levine Resp. Party: Defendant Allan Law Group, P.C. Plaintiff’s motion to compel discovery responses is DENIED. Defendant’s request for sanctions is DENIED. PRELIMINARY COMMENTS: Although the Court is denying Plaintiff’s motion for the reasons stated below, the Court ...

...Court believes that Defense counsel is playing games by its blanket objections to relevant discovery and by not providing answers to legitimate interrogatories. The Court will allow Plaintiff to file a motion to compel further responses; if the Court finds in favor of Plaintiff on such a further motion, the Court will consider awarding plaintiff sanctions. Hopefully, the parties will be able to meet-and-co...

  • Hearing

    Feb 21, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

...Thornton and Sunfire Nutrition, LLC Resp. Party: Plaintiff Ilan Bitton Defendants’ demurrer is OVERRULED as to the first and third causes of action. Defendants’ demurrer is SUSTAINED without leave to amend as to the second cause of action. Plaintiff’s request for sanctions is DENIED. BACKGROUND: This case concerns the breach of an agreement to form a new business entity for the marketing and sale of ...

...serve a declaration detailing the meet and confer efforts. (Code Civ. Proc., § 430.41(a)(3).) If an amended pleading is filed, the parties must meet and confer again before a demurrer may be filed to the amended pleading. (Code Civ. Proc., § 430.41(a).) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judici...

  • Hearing

    Feb 21, 2020

ANDERSON VS FARMERS INSURANCE

The Mandatory Appearance CMC/OSC re sanctions/dismissal failure to file proof of service/default is continued from 2/21/20, to 4/21/20, at 8:15 am in Dept. 22B. A Motion for Leave to Amend is scheduled for hearing on 3/27/20. Notice to be provided by plaintiffs.

  • Hearing

    Feb 21, 2020

SHAHNAZ ALI VS ARMEN ARSHAKYAN, ET AL.

Motion for Leave to Amend Answer Having considered the moving, opposing, and reply papers the Court rules as follows. BACKGROUND On December 13, 2018, Plaintiff Shahnaz Ali (“Plaintiff”) filed a complaint against Defendants...

...cross-complaint against Defendant/Cross-Defendant Armen Arshakyan seeking apportionment and declaratory relief. On January 13, 2020, Defendant/Cross-Complainant David Resendiz filed a motion for leave to amend its answer pursuant to California Code of Civil procedure section 473, subdivision (a). Trial is set for June 11, 2019. PARTY’S REQUEST Defendant/Cross-Complainant David Resendiz (“Moving Pary”) as...

  • Hearing

    Feb 20, 2020

LLEJ LLC VS F & O MELROSER PLACE INC

...E. Bell Corp. v. Bell View Oil Syndicate (1941) 46 Cal.App.2d 684, 691.) A demurrer will be sustained without leave to amend if there exists no “reasonable possibility that the defect and be cured by amendment.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “The burden of proving such reasonable possibility is squarely on the plaintiff.” (Id.) Issue No. 1: The Sham Pleading Doctrine “[A]dmissions in an...

...signed by the parties on October 25, 2016—which is attached as Exhibit 1 to each version of Plaintiff’s complaint—was the sole and operative agreement in connection with this litigation. Although leave to amend is designed to allow a party to assert facts not previously pled, Plaintiff fails to offer any reasonable or plausible explanation in its opposition on why such facts were not alleged in the first ame...

  • Hearing

    Feb 20, 2020

TOMMY GAY VS DIAMOND MATTRESS COMPANY, INC., ET AL.

# 9. Tommy Gay v. Diamond Mattress Company, Inc., et al. Case No.: 19CMCV00049 Matter on calendar for: Motion for Leave to File FAC Tentative ruling: Background This is a wrongful termination and discrimination action. Plaintiff Tommy Gay alleges violations of the Fair Employment and Housing Act (“FEHA”) and the lab...

...JobSource opposes the motion. For the reasons set forth below, the Court continues the hearing. Standard Code of Civil Procedure §§ 473(a)(1) and 576 provide courts with the authority to allow the amendment of pleadings upon a showing of good cause and the absence of prejudice. California Rules of Court, Rule 3.1324(b) requires that Plaintiff prepare a declaration specifying (i) the effect of the ame...

  • Hearing

    Feb 20, 2020

ZANE WELLS VS ISRAEL SHAI CHENZION, ET AL.

...COUNTY OF LOS ANGELES - CENTRAL DISTRICT ZANE WELLS, etc., Plaintiff, vs. ISRAEL SHAI CHENZION, etc., et al., Defendants. CASE NO.: 19STCV26231 [TENTATIVE] ORDER RE: MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendants Israel Shai Chenzion (“Chenzion”) and Cucine Italia, Inc. dba Pedini L.A. (“Pedini”) RESPONDING PARTY: Plai...

...decisions of Pedini. Defendants filed a demurrer to every cause of action asserted in Plaintiff’s complaint and the demurrer was sustained with leave to amend. Plaintiff then filed the operative First Amended Complaint (“FAC”) which arises from the alleged breach of an agreement in which Plaintiff was promised things such as profit-sharing and would partake in all significant decisions of Pedini. The FAC...

  • Hearing

    Feb 20, 2020

JEFFREY J OLIN VS STEVEN SCOTT SILVER, ET AL.

...case (YD058401) to harm Plaintiff. The First Amended Complaint (“FAC”) alleges the following causes of action: Malicious Prosecution; Abuse of Process; Defamation, per se; Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress; and Intentional Alienation of Parental Affection. Defendants now demur to the FAC. An opposition and reply have been received and considered....

...underlying court’s “broad powers to control judicial proceedings. [Citation.]” (Adams, supra, 2 Cal.App.4th at 528.) Accordingly, the demurrer to the first cause of action is sustained without leave to amend. Abuse of Process Abuse of process involves the “ ‘ “misuse of the power of the court; it is an act done in the name of the court and under its authority for the purpose of perpetrating an injustice...

  • Hearing

    Feb 20, 2020

MARK P. P. IKE, TRUSTEE OF MARK PAUL IKE TRUST, U/D/T 6/24/95 VS TRICOLOR AUTO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

19STCV16750 IKE vs TRICOLOR AUTO GROUP, LLC Plaintiff’s Motion for Leave to Amend Complaint TENTATIVE RULING: The motion is GRANTED. Plaintiff may file an amended complaint within 10 days. Defendants’ request for judicial notice is GRANTED. (Evid. Code § 452(c), (d).) However, the Court will not take judicial notice of the truth of the contents of the court ...

...Bragg Management Co. (1985) 39 Cal.3d 290, 296-97; see also Ventura v. ABM Industries, Inc. (2013) 212 Cal.App.4th 258, 268) [“Trial courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial where the adverse party will not be prejudiced.”].) Pursuant to CRC 3.1324(a), a motion to amend must: (1) include a c...

  • Hearing

    Feb 20, 2020

MARTIN RAMIREZ , ET AL. VS GENERAL MOTORS, LLC , ET AL.

...ANGELES - CENTRAL DISTRICT MARTIN RAMIREZ, et al., Plaintiffs, vs. GENERAL MOTORS, LLC, et al., Defendants. CASE NO.: 19STCV24183 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant General Motors, LLC (“Moving Defendant”) RESPONDING PARTY: Plaintiffs Martin Ramirez and Lizeth Ramirez The Cou...

...merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. Moving Defendant filed a demurrer to the seventh cause of action in the FAC. Moving Defendant also filed a motion to strike portions of the FAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthc...

  • Hearing

    Feb 20, 2020

A7 GROUP, INC. V. MERIDIAN AT NEWPORT BEACH ASSN.

The Motion to Strike the punitive damages claim, is granted with 10 days’ leave to amend. To support punitive damages, the complaint must allege the ultimate facts that show the Defendant’s commission of the tort with oppression, fraud, or malice. (Civ. Code § 3294; Spinks v. Equity Resid...

...the Defendant engaged in the requisite conduct to support the request for punitive damages against the corporate entity. (See § 3294(b).) Because this is Plaintiff’s first attempt at pleading, leave to amend is provided. However, it is worth observing that the facts presently alleged appear to be closer to a contract dispute. If the pleader does not presently have the facts to show malice, oppression or f...

  • Hearing

    Feb 20, 2020

VINEYARD V. OC ANIMAL CARE

...Demurrer to Complaint Defendant County of Orange demurs to the fifth cause of action in Plaintiff Brandon Vineyard’s Complaint. For the following reasons, Defendant’s demurrer is sustained with leave to amend. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of...

...allege sufficient facts demonstrating that Defendant owed Plaintiff a duty of care. Defendant’s demurrer to the fifth cause of action is sustained with leave to amend. Should Plaintiff desire to file an amended complaint addressing the issues in this ruling, Plaintiff must file and serve it by March 2, 2020. Defendant to give notice. Defendant County of Orange’s Motion to Strike Complaint Defendant County ...

  • Hearing

    Feb 20, 2020

JEFF PERRY VS ERNEST TILL

...conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER ...

...demurrer to the 1st COA in the complaint is sustained with 30 days leave to amend. CONCLUSION Till’s demurrer to the 1st COA in the complaint is sustained with 30 days leave to amend. (2) DEMURRER TO AND MOTION TO STRIKE PORTIONS OF CROSS-COMPLAINT INTRODUCTION Perry demurs to the aiding and abetting civil extortion, conspiracy to commit extortion, aiding and abetting conversion, conspiracy to commit conve...

  • Hearing

    Feb 20, 2020

RUTH CHIRON VS HYUNDAI MOTOR AMERICA, A CALIFORNIA CORPORATION, ET AL.

...Chiron’s MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Responding Party: Defendants Hyundai Motor America and Glendora Hyundai Tentative Ruling Plaintiff Ruth Chiron’s Motion for Leave to File Second Amended Complaint is GRANTED. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defectiv...

...Magnuson-Moss Warranty Act Breach of Implied Warranty under Magnuson-Moss Warranty Act On July 29, 2019, the court sustained HMA’s demurrer to the first and fourth causes of action in the FAC, without leave to amend. The Final Status Conference is set for June 15, 2020. Trial is set for June 23, 2020. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to ...

  • Hearing

    Feb 20, 2020

HURD V. KIA MOTORS AMERICA, INC.

A) Demurrer Defendant Kia Motors America’s (“Defendant”) Demurrer to the 6th Cause of Action for Fraud by Omission is SUSTAINED with leave to file a First Amended Complaint within 15-days of the hearing. Plaintiff Barbara R. Hurd (“Plaintiff”) has failed to state facts sufficient to support a cause of action for fraud by omission against Defendant. CCP § 430....

...in the notice of demurrer may be disregarded by the court. CCP § 430.60. Finally, if a demurrer is sustained as to any cause of action or causes of action, it is an abuse of discretion to deny leave to amend if there is any reasonable possibility that plaintiff can state a good cause of action. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. But if a party cannot amend to state a valid cause of action, or t...

  • Hearing

    Feb 20, 2020

CITY OF DANA POINT V. DONNA’S HOUSE, LLC

...cause, the motion of the cross-complainants for leave to file a Second Amended Cross-Complaint is CONTINUED to March 5, 2020, at 1:30 pm. It will be heard concurrently with the same motion for leave to amend set for that day and the additional ex parte motion for leave to re-open discovery. The defendants shall give notice.

  • Hearing

    Feb 20, 2020

JOSE ARREOLA ET AL VS SNS INVESTMENT LLC

...BC701560 CASE NAME: Jose Arreola, et al. v. SNS Investment LLC MOVING PARTY: Defendant, Real Estate Specialists (Doe 2) OPPOSING PARTY: All Plaintiffs TRIAL DATE: June 9, 2020 PROOF OF SERVICE: OK MOTION: Defendant’s Demurrer to the Complaint OPPOSITION: February 4, 2020 REPLY: February 13, 2020 TENTATIVE: RES’s demurrer to the fourth and sixth causes of action are OVERRULED. In opposition, Plainti...

...prejudice, Plaintiffs need to file a request for dismissal. Unless such a request is filed prior to the ruling on this demurrer, the demurrer to those causes of action will be SUSTAINED with leave to amend. Plaintiffs are to provide notice. BACKGROUND This action arises out of Plaintiffs, Jose Arreola, Maria Roman, Damian Roman, Gizell Motes, by and through her guardian ad litem Maria Roman, Ethan Per...

  • Hearing

    Feb 20, 2020

STAMM ENTERPRISES VS. BH PROPERTIES

...MANAGEMENT, INC., et al. * TENTATIVE RULING: * Defendants BH Properties Management, Inc., et al.’s demurrer to the First Amended Complaint is sustained with leave to amend. Plaintiff shall file and serve any amended complaint on or before March 12, 2020. Background This case involves a family business originally established in 1948 to operate the historic Stamm Theatre in Antioch. Over time, the business grew...

...Western Union (1977) 71 Cal.App.3d 873, 879.) 7th C/A (Equitable Relief from Dismissal) Defendants’ demurrer to the Seventh Cause of Action for Equitable Relief from Dismissal is sustained with leave to amend. Plaintiffs allege that as result of the deceptions and false promises of compromise, Plaintiffs were induced to release their lawsuit against Defendants in Contra Costa County Case No. MSC17-00298. ...

  • Hearing

    Feb 20, 2020

KHURANA VS. CITIMORTGAGE

...* Defendant’s motion for summary judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiffs’ counsel for approval as to form. The basis for this ruling is as follows. A. The Pleading Of Plaintiffs’ Complaint. A motion for summary adju...

...sufficiency of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117-18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action are for violation of the Homeowner Bill of Rights (“HBOR”). Specifically, plainti...

  • Hearing

    Feb 20, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR., ET AL.

DARREN DORSEY’s Motion for Leave to File Amended Answer TENTATIVE RULING Defendant DARREN CRAIG DORSEY, SR. (“DARREN,” so as to distinguish him from Defendant RHONDA COLE DORSEY) moves to amend his answer filed in this action on April 24, 2019. The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc. § 473, subd. (a)(1).) The court h...

... amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) It is an abuse of discretion to deny amendment where amendment does not prejudice the opposing party. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) DARREN asks to replace his form answer denying each of Plaintiff’s causes of actio...

  • Hearing

    Feb 20, 2020

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