What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

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ANOUSHAVAN GHANBARI VS WEST COAST SERVICING INC., ET AL.

Demurrer to the third cause of action for negligence and fourth cause of action for negligent infliction of emotional distress are SUSTAINED WITH LEAVE TO AMEND. The FAC fails to allege facts sufficient to establish any duty of care owed by defendants to plaintiff which was breached. Demurrer to the fifth cause of action for violation of Civil Code § 2937 is SUSTAINED WITHOUT LEAVE TO AMEND. Section 2937 does not create a private right of action.

  • Hearing

    Apr 12, 2019

  • Type

    Real Property

  • Sub Type

    Foreclosure

JONATHAN C ROSEN ET AL VS DALE REICHENEDER LAW GROUP ET AL

Thus, the Court granted Aguilar’s motion to strike with 20 days leave to amend regarding the allegations that discuss the contents of Aguilar’s juvenile court records and the various malicious prosecution allegations that constitute legal conclusions.

  • Hearing

    Apr 12, 2019

JOHN C. LUKES VS GLENN GOLDER

Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for breach of fiduciary duty and tenth cause of action for constructive fraud. Although the opposition argues that the causes of action are intended to state liability on the part of the moving defendant based on conspiracy or aiding and abetting, such allegations are not included in those causes of action in the First Amended Complaint. Ten days leave to amend the fourth and tenth causes of action, if possible.

  • Hearing

    Apr 12, 2019

ALICIA C VS LOS ANGELES COUNTY SHERIFFS DEPARTMENT ET AL

On August 20, 2018, the Court sustained the demurrer to the third cause of action without leave to amend (See Minute Order of 08/20/18.) On March 27, 2019, the Court denied Defendant Los Angeles County Sherriff’s Department’s motion for summary judgment and/or adjudication. Before the Court is Plaintiff’s motion for discovery of peace officer personnel records (Pitchess Motion), which was filed on March 21, 2019. ANALYSIS: A.

  • Hearing

    Apr 12, 2019

MYALIK V. STATE OF CALIFORNIA

TENTATIVE RULING # 2: DEFENDANT’S DEMURRER TO THE GENERAL NEGLIGENCE CAUSE OF ACTION IS SUSTAINED WITHOUT LEAVE TO AMEND. DEFENDANT’S DEMURRER TO THE PREMISES LIABILITY/DANGEROUS CONDITION OF PUBLIC PROPERTY CAUSE OF ACTION IS OVERRULED. NO HEARING ON THIS MATTER WILL BE HELD (LEWIS V.

  • Hearing

    Apr 12, 2019

ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS VS. HART

Demurrer sustained without leave to amend. Petitioner Chatansombute (represented by Petitioner AOCDS) was terminated. He filed a grievance under the MOU with the County which provides that officers can only be terminated for reasonable cause. The MOU provides that administrative appeals of such terminations shall be resolved by binding arbitration. Arbitration was initiated between the parties without the intervention of the court. Arbitrator Hart has been appointed and the arbitration is under way.

  • Hearing

    Apr 12, 2019

TABRIZI V. HOLLINGSWORTH, ET AL.

Because Plaintiff did not timely oppose the demurrer, the demurrer is sustained with 15 days leave to amend. The April 19, 2019 Case Management Conference is hereby continued to May 31, 2019 at 9 am in this Department. Defendants shall give notice of the ruling and of the continued Case Management Conference.

  • Hearing

    Apr 12, 2019

FAST AND EASY VS MURRAY RE: DEMURRER TO COMPLAINT OF FAST AND EASY HOUSEBUYERS LLC BY WILLIAM E. MURRAY

The Court, therefore, grants leave to amend the Complaint so that Plaintiff may include Exhibit A or remove reference to Exhibit A and plead the material terms of the contract. Plaintiff is granted 20 days leave to amend.

  • Hearing

    Apr 12, 2019

JANE DOE VS JANE ROE, ET AL.

LEAVE TO AMEND COMPLAINT Plaintiff filed a motion for leave to amend her First Amended Complaint by filing a Second Amended Complaint. Pursuant to the Court’s discussion above, the Court STAYS Plaintiff’s motion for leave to amend pending arbitration. (Code Civ. Proc. § 1281.4.) Parties who intend to submit on this tentative must send an email to the Court at [email protected] as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

    Apr 12, 2019

CHRISTOPHER W. HODGE VS. 1776

Demurer of defendant Kouchakian to the tenth cause of action for unfair business practices is SUSTAINED WITHOUT LEAVE TO AMEND and without prejudice at the concession of plaintiff in the opposition. Ten days leave to amend the third and fifth causes of action only, if possible. The parties are ordered to meet and confer in full compliance with CCP § 430.41 before any further demurrer may be filed. Motion to Strike is now moot in light of the Court’s ruling on the demurrer.

  • Hearing

    Apr 12, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

IVAN MORAN VS. CITY OF PASADENA, ET AL

City’s Motion for Leave to Amend Answer to SAC On March 15, 2019, City filed the motion for leave to file an amended answer to the SAC.

  • Hearing

    Apr 12, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • County

    Los Angeles County, CA

MCW FUELS VS WESTCO PETROLEUM DISTRIBUTORS ET AL

On December 13, 2016, the court issued an order lifting the stay in this matter and the related case, after being informed that Judge Green had in the other case sustained a demurrer without leave to amend and would be entering judgment in that action against Bilal and in favor of all defendants. The file also shows that on May 23, 2017, the court issued an order finding these cases related to BC 646336, Stan Boyett & Son, Inc., which was ordered transferred from Department 68.

  • Hearing

    Apr 12, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HAYLEY HODSON V. STANFORD UNIVERSITY, ET AL.

Plaintiff has 10 days’ leave to amend. Footnote 1: In reaching this conclusion, the Court notes that Plaintiff appears to misinterpret a number of recent cases addressing the scope of the duty owed by an organizer or operator based on this doctrine. (See Opp. at p. 6.)

  • Hearing

    Apr 11, 2019

LEIRE FUNK VS OCWEN LOAN SERVICING, LLC ET AL

Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459 [where the nature of the plaintiff’s claim is clear, and under substantive law no liability exists, a court should deny leave to amend because no amendment could change the result].) Accordingly, leave to amend is DENIED. Prevailing party is to prepare the order sustaining the demurrer, and a separate judgment of dismissal.

  • Hearing

    Apr 11, 2019

JANE DOE V. JOHN MUIR HEALTH, ET AL.

(e)] for violation of Bane Act is SUSTAINED WITHOUT LEAVE TO AMEND. III. Moving Defendants’ motion to strike portions of Plaintiff’s SAC. A. Paragraph 51. Paragraph 51 is contained within Plaintiff’s third cause of action. In view of Plaintiff’s concession regarding the third cause of action and the court’s ruling above sustaining the Moving Defendants’ demurrer to the third cause of action without leave to amend, Moving Defendants’ motion to strike paragraph 51 of the SAC is MOOT. B.

  • Hearing

    Apr 11, 2019

  • Judge

    Presiding

  • County

    Santa Clara County, CA

BBBB BONDING CORPORATION V. ASHLEY PILLING-MILLER, ET AL.

On March 1, 2018, the court issued an order overruling defendant Miller’s demurrer to the first cause of action, but sustaining, with leave to amend, defendant Miller’s demurrer to the fifth and ninth causes of action. Plaintiff Bad Boys did not amend its complaint and on April 2, 2018, defendant Miller filed an answer to plaintiff Bad Boys’ complaint. I.

  • Hearing

    Apr 11, 2019

  • Judge

    Presiding

  • County

    Santa Clara County, CA

MERCURY INSURANCE COMPANY VS. AMANDA BURR

SUSTAIN demurrer with leave to amend. The cross-complaint asserts various forms of fraud without sufficient specificity. GRANT motion to strike without leave to amend as to prayer for attorney fees. DENY, without prejudice, the remainder of the motion to strike as moot in light of the ruling on the demurrer.

  • Hearing

    Apr 11, 2019

KEADING VS. THE DEMIRIS LAW FIRM

* TENTATIVE RULING: * Defendant’s Motion to Strike is granted, with leave to amend. Any amended complaint shall be filed and served on or before April 25, 2019. This will likely be the last time that plaintiff is granted leave to amend. Plaintiff, Kenton Keading, files this action for legal malpractice against his former attorney. He is representing himself.

  • Hearing

    Apr 11, 2019

REZAPOUR VS. U.S. BANK

This Court previously sustained a demurrer by Defendants to Plaintiff Ali Rezapour and Plaintiff Aurora Rezapour (collectively, “Plaintiffs”)’s Second Amended Complaint without leave to amend. That Demurrer came on for hearing on August 20, 2018; at the hearing, the Court affirmed its tentative ruling sustaining the demurrer to the Second Amended Complaint without leave to amend. Plaintiffs filed a notice of appeal of that order on September 28, 2018.

  • Hearing

    Apr 11, 2019

KENSOK VS. THE COUNTY OF CONTRA COSTA

Leave to amend is granted because this is the original petition. (See McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303-304.) Any amended petition shall be filed and served on or before April 25, 2019. The court has some doubt whether petitioner can legally claim he had discrete employments with the County rather than one continuous employment involving different positions at different times.

  • Hearing

    Apr 11, 2019

CHELONE VS. ATKINSON

(Cooper, supra, 56 Cal.App.4th at 748-752 [“[w]e simply rule here that when improprieties of the sort claimed by plaintiff allegedly occur in the course of gynecological services [emphasis added], section 425.13 requires a motion for leave to amend”].) Defendants make no persuasive argument that the Cooper exception is applicable to the sexual misconduct alleged in plaintiff’s Complaint. (Cf., Lisa M. v.

  • Hearing

    Apr 11, 2019

JAMES D SALLAH SOLELY IN HIS CAPACITY AS CORPORATE MONITOR FOR OM GLOBAL INVESTMENT FUND LLC VS COLUMBIA DOWNTOWN LLC

Barstow's objection to plaintiff's request for judicial notice of plaintiff's motion for leave to amend is sustained. Background The circumstances giving rise to this action are set out in prior rulings and Sallah v. Chhatrala Barstow, LLC (Cal. Ct. App., Mar. 26, 2018) 2018 WL 1465459. In brief, plaintiff is a Corporate Monitor who filed suit seeking payment of an unsecured $930,000 loan between an investment fund and defendant Columbia Downtown, LLC ("Columbia").

  • Hearing

    Apr 11, 2019

  • Type

    Contract

  • Sub Type

    Breach

KIM VS. QUALITECH ENGINEERING, INC.

DFT John Hong Demurrer to Amended Complaint Defendant John Hong’s demurrer to plaintiff Jay Kim’s first amended complaint (“FAC”) is sustained with 15 days leave to amend. First and Second Causes of Action for Intentional and Negligent Misrepresentation Each element in a cause of action for misrepresentation must be factually and specifically alleged. Perias v. GMAC Mortgage, Inc. (2010) 187 Cal. App. 4th 429, 434; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal. App. 4th 1150, 1166.

  • Hearing

    Apr 11, 2019

NATIONWIDE BUSINESS CAPITAL, INC VS QIANJUN SHI

The court will hear from counsel for Chan as to whether leave to amend is requested, and will require an offer of proof if so. 2. Cross-Defendants Nationwide Business Capital, Inc.’s and Jim Bowles’ Motion to Strike Portions of Cross-Complaint is MOOT.

  • Hearing

    Apr 11, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

VALENTINO GONZALEZ VS ANNETTE MARTINEZ ET AL

Motion to Dismiss California Code of Civil Procedure Section 581(f)(1) allows the Court to dismiss the complaint as to a particular defendant when “except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend [the complaint] within the time allowed by the court and either party moves for dismissal.”

  • Hearing

    Apr 11, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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