1.MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
The Court Denies Plaintiff Marjorie Page’s Motion for Leave to File Third Amended Complaint.
Judicial notice is taken of the docket and records of this case. [Evid. Code 452(d)]. Plaintiff seeks to change the existing claim of False Imprisonment for which two Defendants have filed dispositive motions that are substantial in volume and evidence. Given this and the lengthy case history, it does not appear reasonable to permit such amendment at this time.
For the proposed new claim for violation of Lanterman-Petris Short, it seems to allege in part that Plaintiff never consented to the confinement of her person, and there was a lack of justification for it. Although not identical, it appears that similar issues are being litigated in the existing claims. (See Second Amended Compl. ¶ 55, 68-77 vs. proposed TAC p. 14-17).
Defendants argue that the other proposed theory of constitutional-rights violations, would not succeed. See Robbins v. Hamburg