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

ANTHONY SAM VS RENEE KWAN ET AL

Leave to amend is thus liberally granted, provided there is no statute of limitations concern. (Kolani v. Gluska (1998) 64 Cal.App.4th 402, 411.) The court may deny the plaintiff’s leave to amend if there is prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation. (Id.)

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

As such, Defendants’ demurrer to the fourth cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

Accordingly, Defendants’ demurrer to the first cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

Accordingly, Defendant’s demurrer to the third cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

Accordingly, Defendant’s demurrer to the third cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MARSHA A. JOHNSON VS BOARD OF REGISTERED NURSES

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 [court shall not “sustain a demurrer without leave to amend if there is any reasonable possibility that the defect can be cured by amendment”]; Kong v.

  • Hearing

    Jul 26, 2020

KOUROSH IZADPANAHI VS MARIA ALMA YOLANDA IBARRA DABDOUB, ET AL.

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 [court shall not “sustain a demurrer without leave to amend if there is any reasonable possibility that the defect can be cured by amendment”]; Kong v.

  • Hearing

    Jul 26, 2020

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

Accordingly, Defendants’ demurrer to the second cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

LA LIVE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KA WAIKWAN, AN INDIVIDUAL, ET AL.

On November 6, 2019, the Court sustained with leave to amend Defendant Moy’s demurrer to the first and second causes of action in the complaint. On November 14, 2019, Plaintiff filed its first amended complaint (“FAC”) for (1) breach of lease agreement against Defendant Triple 8 Restaurant, LLC; and (2) breach of lease and personal guaranty of lease against Guarantor Defendants Kwan and Moy. On January 29, 2020, the Court overruled Defendant Ka Wai Kwan’s demurrer to the FAC.

  • Hearing

    Jul 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHAN WOO JANG VS YOUNG C OH, ET AL.

Demurrer is SUSTAINED with leave to amend.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ILAN BITTON VS TYLER THORNTON, ET AL.

On February 21, 2020, the Court overruled Defendants Tyler Thornton and Sunfire Nutrition, LLC’s demurrer to the first and third causes of action and sustained their demurrer to the second cause of action without leave to amend. On March 13, 2020, Defendants Sunfire Nutrition, LLC and Tyler Thornton filed substitutions of attorney. On April 3, 2020, Defendants Sunfire Nutrition, LLC and Tyler Thornton filed the instant motions to be admitted pro hac vice by Eileen M. Letts and Giselle B. May.

  • Hearing

    Jul 14, 2020

STEPHEN J. BROWN VS AMBITIOUS PRODUCTIONS, INC., ET AL.

Discussion Defendants state that they sought to file the cross-complaint within days of filing their answer and sought the next available hearing to seek leave to amend. No trial date has been set nor has any discovery been conducted pursuant to the joint stipulation between the parties. In opposition, Plaintiff contends that this motion was not brought in good faith, and that the delay in bringing this motion is unwarranted and prejudicial.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

YAN LI VS APRIL LI

Lin, et al.’s cross-complaint, without leave to amend. On August 6, 2018, S. Li, Cheng and Moon filed their First Amended Cross-Complaint (“FACC”), asserting causes of action therein against Lili Young (“Young”) and Does 1-10 for: On October 19, 2018, the court sustained Young’s demurrer to the FACC without leave to amend. On November 15, 2018, Plaintiff-In-Intervention State Farm General Ins. Co. filed its complaint in intervention. On February 25, 2019, Plaintiffs dismissed Cheng, without prejudice.

  • Hearing

    Jul 08, 2020

VIVI ROBYN STAFFORD VS BROADSTONE FAIRFAX, LLC, ET AL.

The demurrer of Alliance Defendants to the second cause of action in the complaint is SUSTAINED with 20 days leave to amend.

  • Hearing

    Jul 08, 2020

RONALD TRIBBLE VS VICTOR A ASEMOTA ET AL

.: BC701509 Hearing Date: July 7, 2020 Uber’s demurrer to Plaintiff’s TAC is sustained, without leave to amend. On April 10, 2018, Plaintiff Ronald Tribble (Plaintiff) filed suit against Victor A. Asemota, Monika Abbe, Uber Technologies, Inc., and Raiser LLC, Rasier-CA LLC. On December 17, 2019, Plaintiff filed a third amended complaint (TAC) alleging a single cause of action for negligence. Uber Technologies, Inc. (Uber) now demurs to the TAC.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

SALVADOR JUNIOR COSSIO VS JAVIER MALESPIN

Leave to amend a Cross-Complaint may be granted so long as the moving party acted in good faith. The statute is liberally construed to avoid forfeiture. There is no evidence of bad faith on the part of moving party. Cal Code Civil Procedure § 426.50. Moving party is ordered to give notice.

  • Hearing

    Jul 07, 2020

FERNANDO HERNANDEZ VS GEORGE "FRANK" ALVAREZ

to amend.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WANDA NELSON V. SANTA BARBARA COUNTY SHERIFFS OFFICE, ET AL.

Demurrer: Defendants have demurred to the complaint on various grounds, seeking to have the demurrer sustained, without leave to amend, to the entire complaint.

  • Hearing

    Jul 06, 2020

FLAG & SYMBOL, LLC. VS VALUE PRICE, LLC.

Conclusion Defendants Value Price’s and Lapin’s demurrer is overruled as to the first and second causes of action and sustained without leave to amend as to the third through seventh causes of action. Defendant Goldman’s demurrer is sustained with leave to amend as to the first and second causes of action and sustained without leave to amend as to the third through seventh causes of action.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SHAHROKH MOKHTARZADEH, A PROFESSIONAL LAW CORPORATION VS ELNAZ HOUSHMAND NAGHASHAN

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

    Jul 06, 2020

GUILFORD VS. BANK OF AMERICA, NATIONAL ASSOCIATION

Thus, the Defendants’ demurrer to the third cause of action is sustained with leave to amend. Motion 2) Defendants’ motion to strike is granted as to paragraphs 57 and 64 and denied as to paragraph 51 and paragraph 12 of the prayer for damages. Plaintiff shall have 15 days leave to amend to address the issues in this ruling. In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pleaded by the plaintiff. (Grieves v.

  • Hearing

    Jul 06, 2020

JEFFREY BOYAJIAN, ET AL. VS SHAD GROVES, DC

CONCLUSION The demurrer is SUSTAINED, with 20 days’ leave to amend. Defendant is ordered to give notice of this ruling. The parties are directed to the header of this tentative ruling for further instructions.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

CELSO FERNANDEZ VS HO SOUNG WON, ET AL.

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Ibid.) B.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

N B, ET AL. VS BURBANK UNIFIED SCHOOL DISTRICT, ET AL.

Motion for Leave to Amend Complaint Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On November 30, 2018, Plaintiff NB, by and through his guardian ad litem Robin Brigstocke, Robin Brigstocke, and Kathy Baur (“Plaintiffs”) filed a complaint against Defendants Burbank Unified School District, Dylan Washausen, Gianni Maucere, John Maucere, and Lauren Maucere (“Defendants”).

  • Hearing

    Jul 06, 2020

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