What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

151-175 of 10000 results

TORRES VS PLATINUM LANDSCAPE INC HEARING RE: MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT BY ELVA P TORRES

Plaintiff is granted 10 days leave to amend to file with the Court her Second Amended Complaint, a copy of which was attached to the Motion as Exhibit 1. Plaintiff to give notice in conformity with the Code of Civil Procedure. On its own motion, the Court issues an Order to Show Cause why this case should not be designated as a “complex” matter. The OSC will be heard in Department 6 (Riverside Historic, Complex Department) on August 25, 2020 at 8:30 a.m., appearance to be via WebEx.

  • Hearing

    Aug 07, 2020

JUVENAL RANGEL, SR. VS MARIA SANCHEZ

CONCLUSION AND ORDER Defendant Sanchez’s demurrer to the 1st and 3rd causes of action of the complaint is sustained with 20 days leave to amend. The demurrer to the 4th cause of action for unjust enrichment is sustained without leave to amend. Defendant’s motion to strike the 3rd cause of action in the complaint is taken off-calendar in light of the ruling on the demurrer. Defendant Sanchez’s motion to expunge the notice of lis pendens is granted.

  • Hearing

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

RULING The demurrer to the fourth cause of action asserted in the First Amended Complaint is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend.

  • Hearing

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ARLON B ARELLANO VS MISSION PROPERTY INVESTMENTS INC., A CALIFORNIA CORPORATION, ET AL.

The Court SUSTAINS the demurrer to the fifth cause of action with leave to amend.

  • Hearing

    Aug 07, 2020

EDPO LLC DBA EXPO PROPANE FKA EXPO PROPANE, INC. VS DESTINATION SHUTTLE SERVICES, LLC, ET AL.

Defendant contends that it would be “wasteful” for NTI-CA Inc. to expend resources to respond to Plaintiff’s written discovery if the demurrer is sustained with or without leave to amend. (Mot. 11:14-21.) Additionally, NTI-CA Inc. contends that until the Court rules on the pending demurrer, NTI-CA Inc. cannot identify which discovery requests are relevant. Defendant’s contentions are unavailing.

  • Hearing

    Aug 07, 2020

  • Type

    Collections

  • Sub Type

    Collections

CECILIA SIERRA VS ALEJANDRA CUEVAS DE HERNANDEZ

ORDER La Rose's Demurrer and Cuevas' Demurrer came on regularly for hearing on August 7, 2020, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: THE DEMURRER (LA ROSE) IS SUSTAINED WITH LEAVE TO AMEND THE DEMURRER (CUEVAS) IS SUSTAINED WITH LEAVE TO AMEND AS TO THE FIFTH, SEVENTH, AND EIGHTH CAUSES OF ACTION, AND OVERRULED AS TO THE FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION.

  • Hearing

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STEVEN POWERS VS MARCOS VIVIAN, ET AL.

Plaintiff was granted 20 days leave to amend. Moving Defendants now move for a protective order regarding Plaintiff’s requests for production to each Defendant seeking financial information. On July 22, 2020 and July 23, 2020 Defendants Emsaffa Corporation (“Emsaffa”) and Vicino both filed joinders to Moving Defendants’ motion. Plaintiff opposes the motion. Plaintiff moves for an order compelling further responses to Requests for Production as to each of Pacific View and Vicino.

  • Hearing

    Aug 07, 2020

  • Type

    Real Property

  • Sub Type

    other

SUPERIOR COURT VS. HUSTED

And it is an abuse of discretion to sustain a demurrer without leave to amend if the plaintiff shows there is a reasonable possibility any defect identified by the defendant can be cured by amendment.” (Gregory v. Albertson’s, Inc. (2002) 104 Cal.App.4th 845, 850.) B. Second Cause of Action – Breach of Contract. The second cause of action is a claim for breach of contract.

  • Hearing

    Aug 06, 2020

GROUP ONE CONSTRUCTION, INC. V. LA ENCINA DEVELOPMENT, LLC, ET AL.

La Encina and Chen’s demurrer to the third cause of action is SUSTAINED with 10 days leave to amend. Motion to strike La Encina and Chen move to strike portions of the FAXC that allege that Chen is the alter ego of La Encina on the ground that “Cross-Complainant Richard Lee Foust’s own admission negates this.” (See cross-defs.’ memo in support of motion to strike portions of the FAXC, p.1:14-17.)

  • Hearing

    Aug 06, 2020

SUPERIOR COURT VS. WALSH CONSTRUCTION COMPANY

., plaintiff failed to plead timely exhaustion of administrative remedies, is SUSTAINED with 10 days’ leave to amend. ___________________________ _____________________________________________ DATED: HON. SOCRATES PETER MANOUKIAN Judge of the Superior Court County of Santa Clara

  • Hearing

    Aug 06, 2020

ELLIS VS CHANNEL ISLANDS AVIATION

Is Plaintiff seeking leave to amend the pleading to assert causes of action against the individual defendants? Or is their role in the pleading limited to the §3294(b) corporate ratification / advanced knowledge issue? 3) the FAC states that Channel Island Aviation performed maintenance repairs, etc. See FAC at ¶19. But, then at ¶34, the FAC identifies a specific individual who apparently worked on the craft: Ron Stepka. How does Mr.

  • Hearing

    Aug 06, 2020

WU VS. WEST CONTRA COSTA USD

While the court is doubtful plaintiff can amend to state a claim based on these statutes or should try, it grants leave to amend, because this is the first ruling on the adequacy of plaintiff’s complaint. If plaintiff elects to amend, she shall state her direct entity liability theory (section 815.6) and vicarious entity liability theory (section 815.2) in separate counts. Any amended complaint shall be filed and served on or before August 20, 2020.

  • Hearing

    Aug 06, 2020

O'CONNELL VS. CONTRA COSTA COUNTY

If not, the County’s demurrer must be sustained, without leave to amend. The court grants the County’s unopposed Request for Judicial Notice filed 4/8/20. It takes judicial notice of the existence and contents of the attached documents. To review the facts, giving them a liberal construction with a view toward substantial justice (Stevens v.

  • Hearing

    Aug 06, 2020

AQUINO VS. FUJI

FUJII, THE NAWATA FAMILY TRUST * TENTATIVE RULING: * Defendant’s demurrer is sustained, as to all causes of action, with leave to amend. Any amended complaint shall be filed and served on or before August 20, 2020. Counsel are directed to review and comply with CCP § 430.41 regarding any future demurrers.

  • Hearing

    Aug 06, 2020

ALFORD VS. EBMUD

Therefore, the HOA will not be given leave to amend.

  • Hearing

    Aug 06, 2020

MEIER VS. POWER

For the reasons set forth in this tentative ruling, the demurrer is sustained, without leave to amend, unless Plaintiff contests the tentative ruling under the applicable procedures of this Court, appears telephonically at the hearing, and presents specific facts which Plaintiff contends she could truthfully allege, if she were given leave to amend her FAC, to demonstrate her claim is not barred by the statute of limitations and is otherwise legally viable.

  • Hearing

    Aug 06, 2020

ALFORD VS. EBMUD

HEARING ON DEMURRER TO CROSS-COMPLAINT FILED BY EAST BAY MUNICIPAL UTILITY * TENTATIVE RULING: * Cross-Defendant East Bay Municipal Utility District’s demurrer to the Cross-Complaint is sustained with leave to amend as to cause of action one and otherwise overruled. Cross- Complainant may file and serve an amended cross-complaint by September 3, 2020.

  • Hearing

    Aug 06, 2020

BOBBY SIMPSON & SONS ENTERPRISES INC VS SALINAS

Jarrett (1977) 73 Cal.App.3d 864, 872) Leave to amend is denied. Plaintiff has not shown what manner it can amend the complaint and how that amendment will change the legal effect of his pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349)

  • Hearing

    Aug 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

PINALES VS SUNLIGHT FINANCIAL LLC

Defendant PAC Energy's Demurrer to Plaintiff's Complaint is sustained with leave to amend. Plaintiff's complaint is lacking in sufficient specificity to support any of the claims pled. Plaintiff shall file an amended complaint on or before August 21, 2020. Defendant's motion to strike is denied as moot. The court will hear from Defendants Sunlight Financial and NB Baker Electric as to whether their motions attacking the pleadings should remain on calendar for September 18, 2020.

  • Hearing

    Aug 06, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

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

C W DRIVER INC VS LEGENDARY STRUCTURES INC ET AL

Given that Owners’ SACC/TACC had not yet alleged facts supporting partnership by estoppel theory of liability, the Court denied as to this issue without prejudice, giving Owners’ leave to amend their pleading to allege facts, that Owners had introduced evidence of, supporting the theory. (P-COE, Exh. GG, pgs. 10-11, 13.)

  • Hearing

    Aug 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

LAWRENCE JACKOWSKI VS BATTERY SOLUTIONS, LLC, ET AL.

Accordingly, the court grants Plaintiff 10 days leave to amend the Complaint as to the third, fourth, ninth, and tenth causes of action. The court also grants Plaintiff leave to amend the stricken prayer for punitive damages and Private Attorney General Attorney’s fees. Conclusion and ORDER Defendants Battery Solutions, LLC, P4C Global, LLC, and Thomas Bjarnemark demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third, fourth, ninth and tenth causes of action and is otherwise OVERRULED.

  • Hearing

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

PLOTKE PLUMBING, INC. VS RED LILLY PLUMBING

Schiller) Defendant’s DEMURRER and motion to strike re COMPLAINT (filed 4/13/2020) Defendant’s demurrer to Plaintiff’s complaint is sustained with leave to amend. Defendant’s motion to strike is denied as moot. See instructions/order re leave to amend on last page. Discussion Factual and procedural background. On or about May 2015, Plaintiff and Defendant merged together into a company called Plotke Red Lilly Plumbing, LCC (“PRLP”). In September 2016, the principals of PRLP agreed to dissolve.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CARRILLO VS. NOBEL BIOCARE USA, LLC

Demurrer Defendant Nobel Biocare USA, LLC’s demurrers to Plaintiff Alma Carrillo’s Sixth Cause of Action and Eighth Cause of Action are SUSTAINED without leave to amend. The demurrer to the Ninth Cause of Action is SUSTAINED with 14 days leave to amend. As to the Sixth and Eighth causes of action, Labor Code §§ 204 and 1174(d) do not create a private right of action. Cf., Cleveland v. Groceryworks.com, LLC, (N.D.

  • Hearing

    Aug 06, 2020

FANNY MONTES, SUCCESSOR IN INTEREST TO JONATHAN VALBUENA VS THOMAS HUDSON

CONCLUSION The motion to strike is therefore GRANTED with 20 days’ leave to amend. The Court STRIKES the following language from paragraph 10 of the complaint found on page 3, line 9: “willfully, wantonly”. The Court STRIKES the paragraph 14a(2), which states “punitive damages.” Defendant is ordered to give notice of this ruling. The parties are directed to the header of this tentative ruling for further instructions.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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