What is a Motion for Leave to Amend?

Useful Rulings on Motion for Leave to Amend

Recent Rulings on Motion for Leave to Amend

176-200 of 10000 results

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

GINA L VINCENT ET AL VS ALBERT J BERDIS ET AL

“In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action.” (Gami v. Mullikin Medical Ctr. (1993) 18 Cal.App.4th 870, 876.) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) B.

  • Hearing

    Aug 06, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • Judge

    Michael P. Linfield

  • County

    Lox Angelex County, CA

MUGHRABI V. S.A.M. POMONA LLC

If a demurrer is sustained as to any cause of action or causes of action, it is an abuse of discretion to deny leave to amend if there is any reasonable possibility that plaintiff can state a good cause of action. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.

  • Hearing

    Aug 06, 2020

MARK C LAYTON, ET AL. VS ALISA MOFFETT, ET AL.

The Motion to Strike, therefore, is granted without leave to amend. Conclusion Defendants Alisa Moffett and Domani Designs, Inc. dba Alisa Moffett Interiors’ Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE 1ST AND 5TH CAUSES OF ACTION. Defendants’ Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND.

  • Hearing

    Aug 06, 2020

  • Judge

    Serena R. Murillo

  • County

    Lox Angelex County, CA

RICO STOLL ET AL VS LAFONTAINE GLOBAL LLC ET AL

The motion for leave to amend is unpersuasive and is, therefore, denied. 2. MOTION FOR GOOD FAITH SETTLEMENT BY KRISTOPHER ALAN WALBY No opposition has been received. For the reasons as set forth in the moving papers: GRANTED. 3. MOTION FOR GOOD FAITH SETTLEMENT BY LAFONTAINE STANDBY LLC AND GP STRATEGIES CORPORATION ALSO D/B/A GP SANDY, A DIVISION OF GP STRATEGIES No opposition has been received. For the reasons as set forth in the moving papers: GRANTED.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge

    Shirley K. Watkins

  • County

    Lox Angelex County, CA

WIDLY VS CHANG

Demurrer to First Amended Complaint is Sustained with 30 days leave to amend. This will be Plaintiff’s last opportunity to amend.

  • Hearing

    Aug 06, 2020

BARON V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Motion 1: The Motion for Leave to Amend is GRANTED IN PART. Plaintiff has adequately complied with C.R.C. 3.1324 and includes both the proposed FAC and a redline showing proposed changes. (Belong Decl. Exs. A and B.) The Opposition asserts that there has been unnecessary delay, and that Regents would be prejudiced if the amendment is now permitted.

  • Hearing

    Aug 06, 2020

QUILLAR VS SHAFFER

Shaffer's demurrer to Plaintiff's first amended complaint is sustained without leave to amend. The first amended complaint alleges four causes of action for Denial of Due Process, Denial of Equal Protection Breach of Fiduciary Duty and Intentional Misrepresentation.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JUAN SAAVEDRA ET AL 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

  • Judge

    James C. Chalfant

  • County

    Lox Angelex County, CA

JANE DOE VS SKYLER LUCCI, ET AL.

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

  • Hearing

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    Michael P. Linfield

  • County

    Lox Angelex County, CA

NEWSTART REAL ESTATE INVESTMENT LLC VS 325 FLAMINGO LLC ET A

Cunningham (retired) granted Defendants’ demurrer to the complaint with 20 days leave to amend. The December 5, 2018 ruling sustaining Defendant’s demurrer specifically indicated that Corporations Code section 17708.01 applied to the instant action. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2018, which alleged two causes of action for: (1) improper distributions and (2) fraudulent transfer. The FAC does not allege causes of action under Nevada law.

  • Hearing

    Aug 06, 2020

  • Judge

    Richard J. Burdge

  • County

    Lox Angelex County, CA

TIMM VS HHLP SAN DIEGO ASSOCIATES LLC

If discovery supports such allegations, plaintiffs can seek leave to amend in the future. But at this point, there is no facts to support intent to harm. Intentional Infliction of Emotional Distress – SUSTAINED without leave to amend.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DEYSI ALVAREZ VS GLENDALE I MALL ASSOCIATES LP ET AL

CONCLUSION The demurrer is SUSTAINED without leave to amend. Demurring Defendant is ordered to give notice of this ruling. Target's motion to continue trial is moot.

  • Hearing

    Aug 06, 2020

  • Judge

    Daniel M. Crowley

  • County

    Lox Angelex County, CA

BARON V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Motion 1: The Motion for Leave to Amend is GRANTED IN PART. Plaintiff has adequately complied with C.R.C. 3.1324 and includes both the proposed FAC and a redline showing proposed changes. (Belong Decl. Exs. A and B.) The Opposition asserts that there has been unnecessary delay, and that Regents would be prejudiced if the amendment is now permitted.

  • Hearing

    Aug 06, 2020

GIZMO BEVERAGES, INC. VS. PARK

Notwithstanding the general rule of great liberality in granting leave to amend, a motion seeking leave to amend may be properly denied where there has been unreasonable delay in seeking amendment (e.g., Record v. Reason (1999) 73 Cal.App.4th 472, 486–87), where amendment would be futile (e.g. Falcon v. Long Beach Genetics, Inc. (2014) 224 Cal.App.4th 1263, 1280–81), or where there would be significant prejudice to an opposing party (e.g., Melican v.

  • Hearing

    Aug 06, 2020

GILDA BRASCH VS E&S RING MANAGEMENT, ET AL.

SUSTAINED without leave to amend. Breach of Contract To set forth a cause of action for breach of contract, plaintiff must allege “whether the contract is written, oral or implied by conduct. Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 458-459. Plaintiff states the contract is either “written or oral[.]” Complaint, para. 136. This is insufficient. SUSTAINED with ten days leave to amend to clarify the form of the contract.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Elaine W. Mandel

  • County

    Lox Angelex County, CA

DEYSI ALVAREZ VS GLENDALE I MALL ASSOCIATES LP ET AL

CONCLUSION The demurrer is SUSTAINED with leave to amend. Demurring 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

  • Judge

    Daniel M. Crowley

  • County

    Lox Angelex County, CA

SANDRA ROSALES V. NISSAN NORTH AMERICA

The motion to strike will be granted with leave to amend. Conclusion Defendant’s demurrer is overruled. Defendant’s motion to strike is granted in part. The motion to strike the third cause of action for fraudulent inducement – concealment in its entirety is denied. The motion to strike the references to punitive damages on page 13, ll. 16-17 and page 14, l. 9 of the complaint is granted with leave to amend. Plaintiff shall file an amended complaint on or before August 17, 2020.

  • Hearing

    Aug 06, 2020

MUGHRABI V. S.A.M. POMONA LLC

If a demurrer is sustained as to any cause of action or causes of action, it is an abuse of discretion to deny leave to amend if there is any reasonable possibility that plaintiff can state a good cause of action. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.

  • Hearing

    Aug 06, 2020

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

TIMM VS HHLP SAN DIEGO ASSOCIATES LLC

If discovery supports such allegations, plaintiffs can seek leave to amend in the future. But at this point, there is no facts to support intent to harm. Intentional Infliction of Emotional Distress – SUSTAINED without leave to amend.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

H VS FISCHER

Conclusion County's Demurrer is SUSTAINED with 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

JANE DOE VS SKYLER LUCCI, ET AL.

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

  • Hearing

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    Michael P. Linfield

  • County

    Lox Angelex County, CA

DEBORAH J WALTRIP VS AMERICAN AIRLINES, INC.

On December 12, 2019, the court sustained Defendant’s demurrer to complaint with leave to amend. On January 10, 2020, Plaintiff filed a First Amended Complaint. On January 27, 2020, Defendant filed the instant demurrer to FAC. Plaintiff filed an opposition on February 13, 2020. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.)

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Deirdre Hill

  • County

    Lox Angelex County, CA

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

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