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

    Apr 25, 2026

ANGELA WATSON VS GILBERT A. CABOT

The Motion to Strike portions of paragraph 10 of the TAC and the “as he had done before on at least three other occasions as set forth above” of paragraph 13(b) is GRANTED without leave to amend.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ALVARO GALLEGOS, ET AL. VS LUCIANO GOMEZ, JR.

Based on the foregoing, Defendants’ demurrer to the first cause of action is sustained, with leave to amend. II.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BARBARA SANCHEZ V. DOES 1 THROUGH 100 INCLUSIVE, ET AL.

The Court will grant the motion to strike with leave to amend to permit Sanchez to allege other facts if she chooses to do so. In any event, the granting of the motion is without prejudice to the filing of a motion for leave to amend to add claims for punitive damages or to add other products, in the event that facts supporting such claims are later discovered.

  • Hearing

    Sep 22, 2020

WEI SI VS ALAN MENG TANG, ET AL.

Conclusion and Order Defendant’s motion to strike references to negligent entrustment is granted without leave to amend. Defendant shall provide notice and file proof of such with the Court. DATED: September 22, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Sep 22, 2020

HAGOP OGANIAN VS ZABEL OGANIAN

CONCLUSION AND ORDER Defendant’s demurrer is sustained without leave to amend. Defendant shall provide notice and file proof of such with the Court. DATED: September 22, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH POPP VS VALLEYWIDE ESCROW, INC., A CALIFORNIA CORPORATION

The Court GRANTS Defendant’s motion to strike the references to punitive damages with leave to amend.

  • Hearing

    Sep 22, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

NATIONWIDE AGRIBUSINESS INSURANCE CO. V. GONZALES

Plaintiff argues in reply that Defendants do not establish any substantial prejudice if the requested leave to amend is granted. The Court agrees that they type of prejudice argued by Defendants is not the type that would warrant denial of leave to amend.

  • Hearing

    Sep 22, 2020

ANDRE NEUMANN V. GISELA . NEUMANN, ET AL.

The court will grant Gisela leave to amend the SACC. 5. Second Cause of Action for Elder Abuse: Under the second cause of action, Gisela alleges: “All allegations of the First Cause of action are incorporated herein by reference. See Attachment.”

  • Hearing

    Sep 21, 2020

DENA MARSHALL VS. MARTIN JASSO ZAVALA

Defendant's motion to strike is GRANTED, with leave to amend. Moving party to give notice.

  • Hearing

    Sep 21, 2020

CHAN VS. TRANQUILITY, INC.

On this basis, and in addition to sustaining the demurrer, the Court exercises its discretion to deny yet another opportunity for leave to amend.

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

WEEKLY VS. NATIONSTAR MORTGAGE

* TENTATIVE RULING: * Introduction For the following reasons, the Defendant’s Motion for Judgment on the Pleadings (hereafter “MJOP”) is granted, with leave to amend. Procedural Background Before the Court is a MJOP filed by Defendant Nationstar Mortgage LLC dba Mr. Cooper and Defendant U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass- Through Certificates, Series 2007-5H (collectively, “Defendants”).

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

DANIELS VS WELLS FARGO BANK

The demurrer will be sustained without leave to amend.

  • Hearing

    Sep 21, 2020

LIMITED LIABILITY COMPANY NORMANDIYA VS TECHSON ELECTRONICS, INC.

THE COURT ORDERS CLERK OF THE COURT TO ENTER A JUDGMENT OF DISMISSAL WITH PREJUDICE PURSUANT TO CCP SECTION 581(f)(2) IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF FOR FAILING TO AMEND AFTER DEMURRER WAS SUSTAINED WITH LEAVE TO AMEND. THE DEMURRER WAS SUSTAINED ON 6/29/2020 WITH 20 DAYS LEAVE TO AMEND. NOTICE WAS GIVEN BY THE CLERK OF THE COURT ON 6/29/2020. THE AMENDED COMPLAINT SHOULD HAVE BEEN FILED BY 7/24/2020. NO AMENDED COMPLAINT HAS BEEN FILED.

  • Hearing

    Sep 21, 2020

DUNCAN VS ROMERO

Instead, Plaintiff states that the parties have conferred, that Plaintiff now intends to dismiss District and Serrano on COA 1 and Serrano on COA 2, and that the parties have agreed that Plaintiff should thus be granted leave to amend here. Therefore, the Court will sustain the Demurrer and grant 15 days leave to amend in accordance with Plaintiff’s representations. Any such amendment should, for each COA, specifically identify the defendants against whom that COA is asserted.

  • Hearing

    Sep 21, 2020

CUMMINGS VS VALDIVIA

Motion is Granted without Leave to Amend. On 7/14/20, the court struck Valdivia’s Deed of Trust in this matter pursuant to CCP § 765.010(c)(1). The only cause of action remaining on Valdivia’s Cross-Complaint is the 4th Cause of Action for judicial foreclosure based on the deed of trust. Accordingly, there is no basis for judicial foreclosure. Nor will the court grant leave to amend to add a new cause of action for Unjust Enrichment.

  • Hearing

    Sep 21, 2020

TRUE HARMONY INC ET AL VS ROSARIO PERRY ET AL

On April 7, 2017, the Court sustained Defendants 1130 Hope Street Investment Associates, LLC; Hope Park Lofts 2001-02910056, LLC; Solomon; Perry; Rosario Perry, A Professional Law Corporation (erroneously sued as Law Offices of Rosario Perry); and BIMHF, LLC’s demurrers to the entirety of the SAC without leave to amend and entered judgment in favor of Defendants. On March 4, 2020, Defendant Solomon (hereinafter “Defendant”) filed a Motion for Sanctions seeking sanctions against Jeffrey G. Thomas Esq.

  • Hearing

    Sep 21, 2020

ROBERT LEEBURG, ET AL. VS TEMIDAYO AKINYEMI, 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

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

WEST 43RD PLACE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, 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

    Sep 21, 2020

SYNN HEE KANG VS JAMES MAN-GIL JUNG

Accordingly, Defendant’s Demurrer is SUSTAINED without leave to amend. Motion to Strike “Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.”¿ (Cal.¿Civ. Proc.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BAR BAKERS, LLC VS CREATIVE FLAVOR CONCEPTS, INC.

When it comes to pleading challenges, courts are generally instructed to grant pleaders leave to amend including sufficient opportunities for amendment before disposing of claims upon the pleadings alone. (See, e.g., CCP § 430.41(e)(1); City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.)

  • Hearing

    Sep 21, 2020

GOLDEN RAIN FOUNDATION OF LAGUNA WOODS V. DICKINSON

As an initial matter, Cross-Defendants’ request for judicial notice (of the original Cross-Complaint, a proposed cross-complaint attached to a Motion to Leave to Amend Cross-Complaint, and the Second Amended Cross-Complaint) is denied. It unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court’s attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.)

  • Hearing

    Sep 21, 2020

JOHN BRECKENRIDGE, ET AL. VS PARK WELLINGTON OWNERS' ASSOCIATION

On May 31, 2019, the Court sustained Defendant’s demurrer to the first and fourth causes of action without leave to amend. On June 20, 2019, the Court denied Defendant’s special motion to strike as moot but indicated that Defendant may bring a motion for attorneys’ fees and costs under CCP § 425.16(c). On December 17, 2019, Plaintiffs dismissed with prejudice the second and third causes of action in the FAC.

  • Hearing

    Sep 21, 2020

SOLEIMANI & ASSOCIATES, APLC VS FARIBA DJAHANBANI

Accordingly, S&A’s demurrer is SUSTAINED with leave to amend. Motion to Strike S&A moves to strike allegations concerning a Civ. Code section 3343 damages request, punitive damages, and the RICO claim. As to Civ.

  • Hearing

    Sep 21, 2020

SARAY ROMERO VAZQUEZ ET AL VS HUNTER WAYNE LASSOS ET AL

A motion for leave to amend and a motion to consolidate actions are separate motions, rather than alternative relief within the same motion. MOTION FOR LEAVE TO AMEND Legal Standard California law holds that leave to amend is to be granted liberally, to accomplish substantial justice for both parties. (Code Civ. Proc., § 473, subd. (a); Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488-489.)

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

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