What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

101-125 of 10000 results

ASHER ENTERPRISES LLC VS. FIRST AMERICAN TITLE INSURANCE

T 8:30 a.m. 8/10/20 [TENTATIVE] ORDER: The Demurrer to the Second Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The Request for Judicial Notice is GRANTED. The Motion to Strike is MOOT. Introduction Cross-Defendant Auction.com, Inc. (“Auction”) demurs to the Second Amended Cross-Complaint (“SAXC”) filed by Cross-Complainant Triloki Devjani (“Devjani”.)

  • Hearing

    Aug 10, 2020

IRENE MORENO VS CIRRUS ASSET MANAGEMENT INC

The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants. 4th Cause of Action. Labor Code §§ 226 and 1198.5. Wage and Hour Violations. The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants. 5th Cause of Action – Wage and Hour Violations.

  • Hearing

    Aug 10, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ALMANZA VS DESERT REGIONAL HEARING RE: DEMURRER TO 2ND AMENDED COMPLAINT OF MARIA ALMANZA BY DESERT REGIONAL MEDICAL CENTERINC, DESERT REGIONAL MEDICAL CENTERMEDICAL, TENET HEALTHCARE CORPORATION

Demurrer sustained without leave to amend as to the first and second causes of action. Demurrer sustained with 30 days leave to amend as to the third and fifth causes of action. Demurrer sustained without leave to amend as to the fourth cause of action.

  • Hearing

    Aug 10, 2020

DANIEL WILLSEY VS RATNER GLEASON INVESTMENT, LLC, ET AL.

On November 26, 2019, the demurrer as to the second cause of action for malicious prosecution was sustained without leave to amend. (11/26/19 Minute Order.) However, Plaintiff was granted 30 days’ leave to amend as to the first and fourth causes of action for abuse of process and breach of contract. (11/26/19 Minute Order.)

  • Hearing

    Aug 10, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

MEDINA VS. SUPER CENTER CONCEPTS, INC.

Demurrer to Complaint filed by Defendant Super Center Defendant, Super Center Concepts, Inc. dba Superior Grocers’ Demurrer to the sixth cause of action for intentional infliction of emotional distress in plaintiff’s complaint is SUSTAINED, without leave to amend, but without prejudice to amending the complaint to add a cause of action for intentional infliction of emotional distress, if discovery reveals facts to support such a cause of action.

  • Hearing

    Aug 10, 2020

JPMORGAN CHASE BAK NATIONAL ASSOCIATION VS YOUNG C CHO ET AL

The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [internal citations omitted].) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend . . . .” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.)

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

SHAHROOZ BIGONAH VS MARKET PHARMACY, ET AL.

Based on the foregoing, Defendant Market Pharmacy’s demurrer to the complaint is SUSTAINED with leave to amend.

  • Hearing

    Aug 10, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

CROSS TREE HOLDINGS LLC VS SEIYA INC ET AL

Because it is dependent on a valid indemnification cause of action, the demurrer to the first cause of action is sustained with leave to amend. The Court SUSTAINS the demurrer to the first and second cause of action with 15 days’ leave to amend. The Court SUSTAINS the demurrer without leave to amend as to the third cause of action.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RISDANA VS. FARRELL

Thus, the demurrer is sustained without leave to amend. Moving party to give notice.

  • Hearing

    Aug 10, 2020

THOMAS PARTNERS STRATEGIES, A CALIFORNIA LLC, ET AL. VS ROBERT BENJAMIN BUZZ PATTERSON, ET AL.

Accordingly, the motion to strike the prayer for punitive damages and the prayer for attorney fees associated with the tort causes of action is GRANTED with leave to amend.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GOLDEN RAIN FOUNDATION OF LAGUNA WOODS V. DICKINSON

In requesting leave to amend, Dickinson only states that “several additional accusations and claims shall be added herewith.” He does not elaborate any further. Because Cross-Complainant has already had several opportunities to amend his pleading and fails to articulate how it can be amended to state sufficient facts to support his allegations against the moving defendants, leave to amend is denied. Cross-Defendants’ request for sanctions pursuant to Code Civ. Proc., § 128.7 is denied.

  • Hearing

    Aug 10, 2020

PETROS MB, INC., ET AL. VS CENTURY CITY MALL, LLC

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

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAVID GANUZA VS COPPER EAGLE PATROL & SECURITY, INC.

The Court grants the motion without leave to amend, subject to a later motion for leave to amend if Plaintiff discovers facts that would support a claim for punitive damages against Copper Eagle. The Court file reflects that a second amended complaint was received but not filed. Plaintiff did not obtain leave to file a second amended complaint as is required. The Court has reviewed the second amended complaint and notes that it contains no facts that would satisfy section 3294, subd. (b).

  • Hearing

    Aug 10, 2020

VIVIAN S LEE VS DONG JIN KIM ET AL

Plaintiff is granted 20 days leave to amend the sixth cause of action. Lee is to give notice.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

AAS DESIGN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS CRENSHAW INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

Plaintiff is granted 20 days leave to amend from this date. Defendant is to give notice.

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PLUMMER V. ASSISTANCE LEAGUE OF FRESNO THRIFT BOUTIQUE

The court agrees, in principal, but nonetheless grants leave to amend for the reasons stated below. (Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852 [“Where a . . . motion for judgment on the pleadings is granted as to the original complaint, denial of leave to amend constitutes an abuse of discretion if the pleading does not show on its face that it is incapable of amendment.”].)

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

OVERLAND DIRECT, INC. VS YANIV TEPPER, ET AL

On February 19, 2020, this court sustained Defendant’s demurrer to the first (declaratory relief) and third (cancellation of a written instrument) causes of action of the TAC without leave to amend. Plaintiff moves to compel the deposition of Defendant Daniel Tepper aka Danny Tepper aka Dan Tepper (“Tepper”) to comply and appear for his duly noticed deposition. Plaintiff further moves to compel further discovery responses from Nisan Tepper. [Tentative] Ruling 1.

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

STATE OF CALIFORNIA; LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY, ET AL. VS NEW FLYER OF AMERICA, INC.

However, if the Court reached this argument, it would grant Plaintiff leave to amend to allege that it is the original source of the information it alleges. An “original source” is defined as an “individual” who either: (i) Prior to a public disclosure under subparagraph (A), has voluntarily disclosed to the state or political subdivision the information on which allegations or transactions in a claim are based.

  • Hearing

    Aug 10, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

EDWARD LEON GUY, III VS CRYSTAL PROPERTY MANAGEMENT, INC.,, ET AL.

The request to strike the request for attorney’s fees, therefore, is also granted without leave to amend. Conclusion Defendant Crystal Property Management, Inc.’s Demurrer to the Second Amended Complaint is OVERRULED AS TO THE FIRST CAUSE OF ACTION AND SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION.

  • Hearing

    Aug 10, 2020

SANG KUE CHYUN, ET AL. VS SELECT PORTFOLIO SERVICING, INC., ET AL.

Accordingly, the Demurrer to the Complaint is SUSTAINED without leave to amend. DATED: August 10, 2020 ________________________________ Hon. Robert S. Draper Judge of the Superior Court

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

ONESIMO BENITEZ HERNANDEZ ET AL VS THE KROGER CO ET AL

However, the Court denied Alpha Beta’s motion for leave to amend all of its pleadings to substitute Ralphs as the correct responding party on October 1, 2019, encouraging the parties to informally reach an agreement regarding Ralphs’s entry into the case (and Alpha Beta’s exit from the case). It does not appear that such an agreement has been made.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

ERIKA NOLFF VS PERFORMANCE FOOD GROUP, INC.

.¿ “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v.

  • Hearing

    Aug 10, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SU YANG, ET AL. VS JDW ASSOCIATION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;, ET AL.

‘His leave to amend afterward is always of grace, not of right. [Citation.]’ [Citation.]” (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612 citing Gautier v. General Tel. Co. (1965) 234 Cal.App.2d 302, 310.) Here, Plaintiffs have not previously amended their pleading without leave of the Court. Accordingly, the Court allows Plaintiffs’ filing of the First Amended Complaint in lieu of filing an opposition to the instant demurrer.

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

HERINGTON ET AL. V. BD. OF TRUSTEES OF CAL. STATE UNIVERSITY, ET AL.

Motion: Defendant American Nurses Credentialing Center, Inc.’s Motion to Strike, Demurrer Tentative Ruling: To grant the motion to strike the First Amended Complaint’s (“FAC”) second cause of action, as to the class claims only, and the third cause of action, without leave to amend. To deny the motion to strike the remainder of the class allegations. (Code Civ. Proc., § 436, subd. (a).)

  • Hearing

    Aug 10, 2020

DORIS BERGMAN VS FRANK ZIMMERMANN ET AL.

On October 22, 2019, this Court sustained the Demurrer to the FAC and gave Plaintiffs 60 days leave to amend. On December 20, 2019, Plaintiff filed a Second Amended Complaint [“SAC”] asserting 9 causes of action against Frank Zimmermann, in his individual capacity, and Does 1-10. On December 20, 2019, Plaintiff filed an Amendment to SAC identifying Doe 4 as Frank Zimmermann, in his Official Capacity as Successor Trustee of the Irmengard Zimmermann 2012 Trust under CCP section 474.

  • Hearing

    Aug 09, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

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