What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

1-25 of 10000 results

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

Accordingly, the motion is granted without leave to amend as to these parties’ contract claims against Saddleback and the other subcontractors. 2. Motion by California Sheet Metal Works, Inc. for Summary Adjudication of the Contract-Based Claims in the First Amended Complaint The motion is GRANTED as to Issues 1, 3 and 4 (contract-based claims), with leave to amend as to T-12 and HRG only.

  • Hearing

HAI YING RUAN, ET AL. VS CUONG THOAI DIEP, ET AL.

Demurrer to this cause of action is SUSTAINED with leave to amend. Motion to Strike Based upon the recommendation made on the demurrer, Defendants’ motion to strike portions of the complaint is MOOT.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JASON STANDIFORD VS CALIFORNIA SPECIALTY INSULATION, INC.

Therefore, the demurrer is sustained without leave to amend. Conclusion and Order Defendant’s demurrer is sustained without leave to amend. Allied shall provide notice and file proof of such with the Court. DATED: December 2, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARIAN A ANDERSON VS SHERMAN OAKS HOSPITAL, ET AL.

The Court sustains the demurrer with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v.

  • Hearing

ADRIAN MADDEN VS GURUCUL SOLUTIONS, LLC

On July 17, 2020, the Court sustained Defendant’s demurrer to the second cause of action with leave to amend. On August 17, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract; (2) quantum meruit; and (3) failure to pay wages (pursuant to Ontario Labor Standards Act).

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

HAIM¿ AHRONI VS LISA¿ DIANE HARPER, ET AL.

The motion is granted with leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).)

  • Hearing

SHAFFER V RICE RANCH COMMUNITY LLC

The demurrer is thus sustained with leave to amend with sufficient facts to support the theory that the complaint was filed “[w]ithin two years after the expiration of the license period during which the act or omission occurred.” Oral Argument Not Required Pursuant to California Rules of Court, 3.1308 (a)(1) and Santa Barbara County Superior Court Local Rule 1301, the court does not require a hearing; oral argument will be permitted only if a party notifies all other parties and the court by 4:00 p.m.

  • Hearing

JENNIFER HERRINGTON V THE NATURE CONSERVANCY ET AL

On September 14, 2020, the court sustained defendants’ demurrer to the FAC with leave to amend, including the demurrer of TNC-CA based on plaintiff’s failure to adequately allege her status as an employee. The SAC was filed September 25, 2020. TNC-CA filed its demurrer to the SAC on October 28, 2020. Opposition has been filed. TNC-CA is a named defendant in each cause of action.

  • Hearing

HAROULA SPYROPOULOUS VS CITY OF LOS ANGELES, A GOVERNMENT ENTITY

Therefore, the Court SUSTAINS Defendant’s demurrer to the first, second, and third causes of action with 20 days leave to amend. Moving party is ordered to give notice of this ruling. In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.

  • Hearing

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

A demurrer should not be sustained without leave to amend if the complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment. (Schifando v. City of Los Angeles, supra, 31 Cal.4th at p. 1081.) The demurrer also may be sustained without leave to amend where the nature of the defects and previous unsuccessful attempts to plead render it probable plaintiff cannot state a cause of action. (Krawitz v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MIRNA VILLANUEVA, ET AL. VS LAUREN LEE

In opposition, Plaintiffs request leave to amend because the complaint is capable of being cured. The court finds there is a reasonable possibility the complaint can be amended to state a claim for punitive damages. Therefore, the motion to strike is granted with leave to amend. Defendant is ordered to give notice.

  • Hearing

HENRY ANTHONY RODRIGUEZ VS MICHELE BRAVO, ET AL.

Defendants Michelle Bravo’s and Daniel Bravo’s unopposed Motion for Leave to Amend Answer to Complaint is GRANTED. Background Plaintiff Henry Anthony Rodriguez (“Plaintiff”) alleges as follows: Michele Bravo (“Michele”) and Daniel Bravo (“Daniel”) (collectively, “Defendants”) are married; Michele is Plaintiff’s daughter. On or about October 21, 2015, Plaintiff and Daniel entered into a written agreement, wherein Plaintiff loaned Daniel $8,500.00 to purchase a Suzuki motorcycle.

  • Hearing

ORLI SANTOS, AN INDIVIDUAL, ET AL. VS LA PROPERTIES HEFFESSE LLC, LIMITED LIABILITY COMPANY

In the context of a motion for leave to amend, the moving party must provide a declaration stating what new facts were discovered that gave rise to the motion for leave to amend. (Waxman v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 668, 671.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RENEE STARR VS CITY OF LOS ANGELES, ET AL.

Nevertheless, the Court will grant leave to amend in the event Plaintiff can identify: (1) An act or omission, (2) by Defendant’s employee, (3) in violation of a duty, and (4) causing or contributing to Plaintiff’s injury. CONCLUSION AND ORDER Defendant’s demurrer to Plaintiff’s second cause of action is sustained with leave to amend. Plaintiff may file a first amended complaint within ten (10) days of notice. Defendant shall provide notice and file proof of such with the Court.

  • Hearing

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

The court will hear from counsel for Plaintiffs as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 2. Defendants Robert Wu’s and Peijie Ma’s Motion to Strike Plaintiffs’ First Amended Complaint is GRANTED. Background Plaintiffs Blanca Y.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH GRESSIS VS CORPORATE MANAGEMENT SERVICES, INC.

Conclusion Plaintiff’s motion for leave to amend is denied.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

CARLOS ANTHONY LOPEZ VS THE DEPARTMENT OF CHILDREN & FAMILY SERVICES

Defendant’s demurrer is sustained, without leave to amend.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

YANG NAM KIM VS KOREA SENIOR CITIZENS MUTUAL CLUB, A CALIFORNIA CORPORATION, ET AL.

Accordingly, the Court SUSTAINS the demurrer to the fourth cause of action with leave to amend.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HOUSHANG HAKAKHA VS ANOUSH BANQUET HALLS & CATERING, ET AL.

CONCLUSION Based on the foregoing, the demurrer to the second cause of action is OVERRULED as to Anoush Banquet Halls & Catering and Vrej Sarikissian and SUSTAINED with leave to amend as to Anoush Catering Company Inc. The demurrer to the third cause of action is SUSTAINED with leave to amend as to Anoush Catering Company Inc. Moving Defendants are ordered to give notice of this ruling. The parties are directed to the header of this tentative ruling for further instructions.¿

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BRIXTON AC VENTURES, LP VS TABLETOP VENTURES, LLC

Demurrer sustained with 20 days leave to amend. Defendants are ordered to give notice of this ruling.

  • Hearing

STANARD VS PARK

The Demurrer is SUSTAINED with 20 days leave to amend. Enterprise is ordered to give notice.

  • Hearing

NEIL YESCHIN VS HYUNDAI MOTOR AMERICA

Defendant’s demurrer to the third cause of action is sustained with twenty (20) days leave to amend. Fifth Cause of Action: Breach of Implied Warranty of Merchantability Pursuant to Civ.

  • Hearing

GINA BORGIA GARNICA, ET AL. VS PETER SCHULAM, ET AL.

Based on the foregoing, Plaintiffs’ motion for leave to amend is granted. Plaintiffs are ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DAISY COVARRUBIAS, ET AL. VS GENERAL MOTORS LLC, ET AL.

A demurrer should not be sustained without leave to amend if the complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment. (Schifando v. City of Los Angeles, supra, 31 Cal.4th at p. 1081.) The demurrer also may be sustained without leave to amend where the nature of the defects and previous unsuccessful attempts to plead render it probable plaintiff cannot state a cause of action. (Krawitz v.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BHARDWAJBHAI PATEL VS FRANCISCO MARTINEZ BALSECA

Because Plaintiff does not oppose the motion, and it does not appear facts above and beyond a simple automobile accident can be pled, leave to amend is denied. Defendant’s motion to strike is granted without leave to amend. Defendant is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

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