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

CASILIO VS. VALENTINE

VALENTINE * TENTATIVE RULING: * The demurrer of John Valentine is sustained, without leave to amend for the reasons stated in line 3. (CCP § 430.10 (e).) If plaintiffs contest this tentative ruling to request leave to amend, they shall attend the hearing prepared to explain exactly how they would amend to cure the defects in their complaint. Assuming plaintiffs do not contest this ruling, Valentine shall file and serve his Answer on or before September 30, 2020.

  • Hearing

    Sep 16, 2020

CASILIO VS. VALENTINE

Its demurrer to the Third Cause of Action of the Fifth Amended Complaint is sustained, without leave to amend. (CCP § 430.10 (e).) If plaintiffs contest this tentative ruling to request leave to amend, they shall attend the hearing prepared to explain exactly how they would amend to cure the defects in their complaint. Assuming plaintiffs do not contest this ruling, ZLAJ shall file and serve its Answer on or before September 30, 2020.

  • Hearing

    Sep 16, 2020

CASILIO VS. VALENTINE

HEARING ON DEMURRER TO 5th Amended COMPLAINT FILED BY WHITNEY VALENTINE * TENTATIVE RULING: * Whitney Valentine’s demurrer to the Third Cause of Action of the Fifth Amended Complaint is sustained, without leave to amend for the reasons stated in line 3. (CCP § 430.10 (e).) If plaintiffs contest this tentative ruling to request leave to amend, they shall attend the hearing prepared to explain exactly how they would amend to cure the defects in their complaint.

  • Hearing

    Sep 16, 2020

CASILIO VS. VALENTINE

Leave to amend is denied.

  • Hearing

    Sep 16, 2020

OMAR FLORES, ET AL. VS KEVIN MAURICIO MATIAS-CONCUA, ET AL.

However, the court does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment. (California Casualty General Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.) The application for leave to amend should be made as soon as the need to amend is discovered. The closer the trial date, the stronger the showing required for leave to amend.

  • Hearing

    Sep 16, 2020

IAN HANNAH VS COMFORT HOME FOR THE ELDERLY, ET AL.

Plaintiff’s Motion for Leave to Amend Courts must use discretion liberally to permit amendment of pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Plaintiff seeks leave to file a second amended complaint, adding new defendants and causes of action based on information learned from the depositions of defendant Trinidad and Janine Bordeaux in June and July 2020. Defendants’ opposition lacks substantive argument and does not allege prejudice or undue delay. GRANTED.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PEACHES NONG JENSEN ET AL VS CHARON SOLUTIONS INC ET AL

When the defect which justifies striking a complaint is capable of cure, the court should allow leave to amend. (Perlman v. Municipal Court (1979) 99 Cal.App.3d 568, 575.) Brockmeier moves to strike the SAC’s Prayer ¶ 3 for punitive/exemplary damages and the allegations of Defendants’ malicious/fraudulent behavior in ¶ 40, p. 15, lines 7-11, and ¶ 42, p. 15, lines 17-24. (Motion at p. ii.)

  • Hearing

    Sep 16, 2020

PEARSON VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NEEKA TILLMAN, ET AL. VS L BRANDS INC., ET AL.

Accordingly, Defendants’ demurrers are SUSTAINED with leave to amend. Moving party is ordered to give notice.

  • Hearing

    Sep 16, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

MELITA STEWARD VS GENERAL MOTORS LLC, ET AL.

.: 20STCV11483 Hearing Date: September 16, 2020 Defendant’s demurrer to the complaint’s 6th cause of action is sustained with leave to amend within 10 days. Defendant’s motion to strike is moot. Demurrer Defendant General Motors LLC (“Defendant”) demurs to the 6th (fraud by omission) cause of action in the complaint of Plaintiff Melita Steward (“Plaintiff”).

  • Hearing

    Sep 16, 2020

DEWITT VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

O'NEILL VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GRISWOLD VS CITY OF SAN DIEGO

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GRISWOLD VS CITY OF SAN DIEGO

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NATALIE LEE VS YILING MA

Leave to Amend 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 plaintiff to show the court that a pleading can be amended successfully. (Goodman v. Kennedy, supra, 18 Cal.3d at p. 348; Lewis v. YouTube, LLC (2015) 244 Cal.App.4th 118, 226.) Plaintiff has the burden at the hearing to show how the complaint can be successfully amended as to the third cause of action as to punitive damages.

  • Hearing

    Sep 16, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ELLE BI VS TONY E. LUND

Accordingly, Defendant’s demurrer to the third cause of action is SUSTAINED, with twenty (20) days leave to amend.

  • Hearing

    Sep 16, 2020

MARC A. LAROCQUE VS. CHRISTINE LAROCQUE FRANZ, ET AL

In the event the demurrer is sustained without leave to amend, then the court can determine whether the actions should be bifurcated. The court also notes Plaintiff is seeking consolidation for the purposes of discovery and trial, not complete consolidation. As such, the pleadings will not be regarded as merged, one set of findings made, and one judgment rendered. (See Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127, 1147-1148.)

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

LOUIE DUBON VS CHARLES WILLIAM BRADFORD

Accordingly, Plaintiff’s motion for leave to amend is granted. Plaintiff is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

    Sep 16, 2020

STEPHEN F . POWELL AND FIRST AMERICAN TITLE COMPANY

Powell (“Plaintiff") is SUSTAINED, with leave to amend. Plaintiff fails to state facts sufficient to constitute causes of action for breach of contract and negligence, (Code Civ. Proc. §430.10, subd, (e).) Because the court has sustained the demurrer with leave to amend, Defendant’s motion to strike attorney fees is moot. 1. Judicial Notice The court takes judicial notice of the recorded documents and court records requested by both Defendant and Plaintiff. (Evid. Code § 452, subds.

  • Hearing

    Sep 16, 2020

O'NEILL VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GAPP VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DEWITT VS BIRD RIDES INC

The City of San Diego's Demurrer is SUSTAINED without leave to amend.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARVIN TARNOL, ET AL. VS UNITED FABRICARE SUPPLY, INC.

Accordingly, Daflo’s demurrer is SUSTAINED with 10 days leave to amend. The motion to strike is MOOT. Moving party is ordered to give notice.

  • Hearing

    Sep 16, 2020

JAN CONKLIN, ET AL. VS KND DEVELOPMENT 53, LLC, ET AL.

On July 15, 2020, the court sustained with leave to amend defendant’s demurrer to the 2nd cause of action for breach of third-party contract. The court overruled the demurrer as to the common counts. On July 16, 2020, the court granted plaintiff’s motion to for a right to attach order and writ of attachment under CCP §483.010 against NTI-CA, Inc., dba Destination Shuttle Services and NTI Ground Trans (collectively, “NTI”) in the amount of $97,980. On July 29, 2020, plaintiff filed a SAC.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SYED M. HAMMAD RIZVI, ET AL. VS DILIGENT LENDING, LLC, ET AL.

As there is no opposition, the court is inclined to deny leave to amend. The court will hear from Cross-Complainants regarding why they did not amend the complaint per Cross-Defendants’ meet and confer efforts, why they did not file any opposition, and whether any grounds exist for leave to amend. Cross-Defendants Andrew Dioli, FMC Lending, Inc., Bayshore Advisors, Inc., and RushMyFile, Inc.

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    other

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