What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

126-150 of 10000 results

JANICE HERNANDEZ VS NORTH COUNTY TRANSIT DISTRICT

Thus, leave to amend is appropriate. See Santos v. Los Angeles Unified School Dist. (2017) 17 Cal.App.5th 1065 (finding that because there were triable issues as to equitable estoppel, and plaintiff could amend to allege it, summary judgment should have been denied). Conclusion For the reasons stated, the City's demurrer is SUSTAINED with 20 days leave to amend.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

COATS VS. CITY OF LOS ALAMITOS

Leave to Amend Leave to amend is DENIED. It does not appear that Plaintiffs can amend the First Amended Complaint to cure the deficiencies set forth above. In addition, Plaintiffs have not requested leave to amend. Accordingly, Moving Defendants’ demurrer as to the entire First Amended Complaint is sustained without leave to amend. Moving Defendants to give notice.

  • Hearing

    Aug 06, 2020

VIVIAN ODEGA VS ANA VIDAL, 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

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

NATANIA CHETRIT VS JEFFREY ALLEN LEVE

On August 5, 2019, the Court granted Defendant’s motion for judgment on the pleadings as to all causes of action and granted Plaintiff 30 days leave to amend. On February 27, 2020, Defendant filed a motion to dismiss pursuant to California Code of Civil Procedure section 581, subdivisions (f)(2) and (m). On March 18, 2020, the Court continued the hearing on the motion to dismiss to May 15, 2020. On April 20, 2020, the Court continued the hearing on the motion to dismiss to August 6, 2020.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KELLY VS. KAISER FOUNDATION HOSPITALS

Here, Plaintiff has not filed a Motion for Leave to Amend or otherwise requested leave to amend her claim for defamation. Based on the same, the evidence and argument offered by Plaintiff, relating to statements made in connection with the Termination Memorandum, are irrelevant to this Motion and disregarded. (Jacobs v. Coldwell Banker Residential Brokerage Co. (2017) 14 Cal.App.5th 438, 444.)

  • Hearing

    Aug 06, 2020

BRING ME HOPE FOUNDATION V. INSPIRED FAMILY ENTERTAINMENT

., to the first, fourth, fifth, and sixth causes of action of the first amended complaint is SUSTAINED with 10 days leave to amend. The demurrer of this defendant to the seventh cause of action of the first amended complaint is SUSTAINED without leave to amend. The amended complaint does not state a cause of action against this defendant. Missing is an allegation that under the assignment Sony has any duty, contractual or otherwise, to pay the plaintiff royalties from distribution of the film.

  • Hearing

    Aug 06, 2020

SAPIR VS. IRVINE SENSORS CORPORATION

Defense Counsel is then ordered to submit a new Proposed Order with updated hearing dates for Plaintiff’s Motion for Leave to Amend, the MSC, and the trial date. The order relieving counsel shall be effective upon the filing of a proof of service of the signed order upon the client and Plaintiff. If notice has not been given, then the matter will be continued for approximately 30 days to permit service to 9/3/20 at 2pm.

  • Hearing

    Aug 06, 2020

YUN JEONG SIM, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF WILSHIRE FREMONT CONDOMINIUM HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, ET AL. VS SUSAN AHN, ET AL.

Defendants’ motion to strike is GRANTED with leave to amend as to Page 29:12 (punitive damages) and Page 30:1 (prejudgment interest). The motion to strike is GRANTED without leave to amend as to Page 30:5-6 (jury trial on all claims). The motion to strike Page 23:13 and Page 29:18 (costs and attorney’s fees) is DENIED as to costs and GRANTED with leave to amend as to attorney’s fees.

  • Hearing

    Aug 06, 2020

T D VS FISCHER

Conclusion The County's demurrer to the complaint is SUSTAINED with 20 days leave to amend as to the Monell cause of action only. Fischer's prior responsive pleading may be deemed applicable to the amended complaint, unless a new responsive pleading is filed within 30 days of service. Plaintiff is to give notice within two court days of this ruling.

  • Hearing

    Aug 06, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

GLENDALE COALITION FOR BETTER GOVERNMENT VS CITY OF GLENDALE

Coalition’s claims (ninth and tenth causes of action) concerning the transfer of funds from the Waterworks Revenue Fund to the City’s General Fund in fiscal years 2010 and 2011 were denied as procedurally defective in that the City’s demurrer to these claims had been sustained without leave to amend. The court indicated that Coalition could re-raise this matter at the remedy hearing. Dec., pp. 24-25.

  • Hearing

    Aug 06, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

JERON GREEN, SR, ET AL. VS AD ASTRA INVESTMENTS, LLC

Plaintiff filed this motion for leave to amend the complaint on 7/17/20, setting it for hearing on 8/06/20. 7/17/20 was only fourteen days prior to 8/06/20, and therefore the motion was not filed timely in compliance with CCP §1005. Additionally, there is no proof of service of the moving papers on Defendant, as required by CCP §1014. The motion is therefore summarily denied. Plaintiff is ordered to give notice.

  • Hearing

    Aug 06, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LEAL RUIZ VS. COUNTY OF SAN DIEGO

Leave to Amend The Court may grant a motion for judgment on the pleadings with or without leave to amend. Code Civ. Proc. § 438(h)(1). It is an abuse of discretion to deny leave to amend when there is a reasonable possibility that the defect in the pleading can be cured by amendment. Bettencourt v Hennessy Indus., Inc. (2012) 205 Cal.App.4th 1103, 1111.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LAWRENCE VS. AVATAR CONTROLS, INC

PLT Le Lawrence Motion for Leave to Amend **OFF CALENDAR**

  • Hearing

    Aug 06, 2020

STEVENSON VS. PS BUSINESS PARKS, LP

Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530 (internal quotations omitted). This is particularly true for amendment of answers, as a defendant denied leave to amend is permanently deprived of a defense. Hulsey v. Koehler (1990) 218 Cal. App. 3d 1150, 1159.

  • Hearing

    Aug 06, 2020

TEVIS V. GENERAL MOTORS

. § 430.41(c)—if court sustains a demurrer to one or more causes of action with leave to amend, it may order an additional conference of the parties either (1) before the amendment is filed and served, or (2) before a demurrer to the amended pleading may be filed.) The parties are instructed to discuss: unpublished case In re Ford Motor Co. DPS6 Powershift Transmission Products Liability Lit. (May 22, 2019, No.

  • Hearing

    Aug 05, 2020

JACQUELYN V TEVIS V GENERAL MOTORS LLC

. § 430.41(c)—if court sustains a demurrer to one or more causes of action with leave to amend, it may order an additional conference of the parties either (1) before the amendment is filed and served, or (2) before a demurrer to the amended pleading may be filed.) The parties are instructed to discuss: The Bigler-Engler v.

  • Hearing

    Aug 05, 2020

DIAZ VS RADIUS GROUP COMMERCIAL ET. AL.

Ruling on Both Demurrers The Court SUSTAINS Householder's general demurrers to the Cross-Complaints of Milan and SVM WITH LEAVE TO AMEND. The Cross-Complaints do not provide any factual or legal basis for liability in express or implied indemnity, including comparative fault contribution, as against Householder. The opposition filed by Milan and SVP indicates that this defect readily can be cured by amendment.

  • Hearing

    Aug 05, 2020

DIAZ VS RADIUS GROUP COMMERCIAL ET. AL.

Ruling on Both Demurrers The Court SUSTAINS Householder's general demurrers to the Cross-Complaints of Milan and SVM WITH LEAVE TO AMEND. The Cross-Complaints do not provide any factual or legal basis for liability in express or implied indemnity, including comparative fault contribution, as against Householder. The opposition filed by Milan and SVP indicates that this defect readily can be cured by amendment.

  • Hearing

    Aug 05, 2020

STEPHENSON VS. CITY OF RICHMOND

The demurrer to the fourth cause of action will also be sustained, with leave to amend.

  • Hearing

    Aug 05, 2020

CORRETJER VS. PITTSBURG MENTAL HEALTH

HEARING ON DEMURRER TO COMPLAINT FILED BY PITTSBURG MENTAL HEALTH * TENTATIVE RULING: * Unopposed demurrer to the complaint is sustained without leave to amend. This is plaintiff’s second attempt to plead his case. The complaint fails to provide any details to support the new allegation that plaintiff complied with the Government Claims Act, fails to allege a statutory duty as to the County, fails to state a cause of action and is uncertain and unintelligible.

  • Hearing

    Aug 05, 2020

GEORGE T KELLY ET AL VS CHILDRENS HOSPITAL LOS ANGELES

The court sustains Bellicum and USC’s demurrers to the first cause of action for wrongful death with leave to amend. The court sustains Bellicum and USC’s demurrers to the second cause of action for negligence with leave to amend. To the extent that the second cause of action for negligence is brought by Plaintiffs in their capacity as successors in interest for decedent George, the court sustains McFarren, Hsu, and Church’s demurrers without leave to amend.

  • Hearing

    Aug 05, 2020

ROBERT KHALILI VS APPLE INC.

Thus, Defendant’s unopposed demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the third cause of action. IV. Conclusion & Order For the foregoing reasons, Defendant Apple, Inc.’s Demurrer to Plaintiff’s second and third causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. Moving party is ordered to give notice.

  • Hearing

    Aug 05, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

SCHUELKE INTERVIVOS REVOCABLE TRUST AGREEMENT CHARLES SCHUELKE TRUSTEE VS WILLIAMS

The demurrer to the fifth cause of action for violation of Penal Code section 496(a) is sustained, with leave to amend. Plaintiff has not alleged sufficient facts to support theft. Plaintiff may file and serve an amended complaint within 10 days of the final ruling.

  • Hearing

    Aug 05, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

BLEEKER VS CONTINENTAL HERITAGE INSURANCE COMPANY

TENTATIVE RULING: Defendant CONTINENTAL HERITAGE INSURANCE's Demurrer to Plaintiff's Complaint is SUSTAINED without leave to amend. Defendant CONTINENTAL HERITAGE INSURANCE COMPANY ("Defendant") asserts Plaintiff NEIL C. BLEEKER ("Plaintiff") has not and cannot allege the breach of contract claims based on the Exhibits to the complaint.

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

JESSICA SIANO VS IGOR DOKTOROVICH

Leave to amend is liberally granted. Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 760 (section 473 “has received a very liberal interpretation” by the courts of this state). If the motion is timely made, and the granting of the motion will not prejudice the opposing party, it is error for the court to grant permission to amend. Morgan v. Superior Court of Los Angeles (1959) 172 Cal. App. 2d 527, 530.

  • Hearing

    Aug 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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