Charman v. California Check Cashing Stores, LLC.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a pro se plaintiff's First Amended Complaint filed in response to a motion to dismiss and determined that, although filed outside the time for amendment as a matter of course, it should be accepted under Rule 15(a)(2). The court ordered the issuance of a summons for the First Amended Complaint and terminated the pending motion to dismiss as moot.
| What the court decided | The model |
|---|---|
Acceptance of the First Amended Complaint“Thus, the Court exercises its discretion and accepts the First Amended Complaint in the interest of justice.” | agree with court The court correctly identified that the amendment was not permitted as a matter of course under Rule 15(a)(1) because it was filed after the 21-day deadline and without consent. However, under Rule 15(a)(2), leave to amend is to be freely given. The court cited the correct standard of review (discretion) and the correct substantive standard (freely given). The factual basis provided (pro se status, good faith, filing within a court-granted extension) supports the exercise of discretion to grant leave. The decision follows from the law and the record recited. |
Termination of Motion to Dismiss as Moot“Accordingly, Plaintiffs First Amended Complaint supersedes the original Complaint, making Defendants’ Motion Dismiss moot.” | agree with court When a complaint is amended, the original complaint is superseded. A motion to dismiss the original complaint is therefore moot because the document it attacks no longer exists. The court correctly applied the principle that an amended pleading supersedes the original, rendering the pending motion moot. The court also correctly noted that defendants may renew their arguments in response to the new complaint. |
Issuance of Summons“In light of the foregoing, the Clerk of Court shall issue a summons for the First Amended Complaint.” | agree with court Once the First Amended Complaint is accepted, service of process (summons) is required to ensure jurisdiction over the defendants regarding the new claims. This is a standard procedural step following the acceptance of an amended complaint. |
The order itself: sound — The order correctly applies Rule 15(a) to determine that the amendment required leave. It correctly identifies the standard of review as discretionary and the substantive standard as 'freely given.' It provides sufficient factual justification (pro se status, good faith, timing relative to court order) for exercising that discretion. It correctly applies the supersession doctrine to render the motion to dismiss moot. The reasoning is complete and supported by appropriate Ninth Circuit authority.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THANE CHARMAN, Case No. 24-cv-0695-BAS-MMP 12 Plaintiff, ORDER: 13 v. 1. ISSUING SUMMONS FOR FIRST AMENDED 14 CALIFORNIA CHECK CASHING COMPLAINT (ECF No. 14); STORES, LLC, et al., 15 AND Defendants. 2. TERMINATING AS MOOT 16 MOTION TO DISMISS (ECF 17 No. 7) 18 19 Presently before the Court is Plaintiff’s First Amended Complaint. (ECF No. 14.) 20 Plaintiff is proceeding pro se. Plaintiff previously requested an extension to respond to 21 Defendants’ Motion to Dismiss. (ECF No. 11.) Thereafter, Plaintiff filed the First 22 Amended Complaint instead of an opposition to Defendants’ Motion to Dismiss. (ECF 23 No. 14.) Consequently, Plaintiff has submitted a First Amended Complaint that fails to 24 comply with the requirements of Rule 15(a) of the Federal Rules of Civil Procedure. 25 Rule 15(a) permits amendment of pleadings as a matter of course in limited 26 circumstances. “A party may amend its pleading once as a matter of course within: (A) 21 27 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 28 21 days after service of a responsive pleading or 21 days after service of a motion under 1 || Rule 12(b), (e), or (f), whichever is earlier.” Fed. R .Civ. P. 15(a)(1). “In all other cases, a 2 || party may amend its pleading only with the opposing party’s written consent or the court’s 3 || leave.” Jd. 15(a)(2). 4 Under Rule 15(a)(2), leave to amend “shall be freely given when justice so requires.” 5 || As such, granting leave to amend rests within the trial court’s sound discretion. Swanson 6 || v. U.S. Forest Serv., 87 F.3d 339, 343 (9th Cir. 1996). And the Ninth Circuit has held that 7 || leave to amend should be freely granted. See Morongo Band of Mission Indians v. Rose, 8 F.2d 1074, 1079 (9th Cir. 1990). 9 Here, the Court recognizes Plaintiff incorrectly submitted the First Amended 10 || Complaint beyond the 21-day deadline for an amendment as a matter of course. Further, 11 || Plaintiff has not received the opposing parties’ written consent. On the other hand, Plaintiff 12 ||submitted the First Amended Complaint within the extension granted by the Court to 13 ||respond to Defendants’ Motion to Dismiss, and the Court acknowledges Plaintiff's good 14 || faith efforts to comply with the Federal Rules of Civil Procedure as a pro se litigant. Thus, 15 ||the Court exercises its discretion and accepts the First Amended Complaint in the interest 16 of justice. 17 Moreover, “an amended pleading supersedes the original.” Hal Roach Studios, Inc. 18 ||v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1989). Accordingly, Plaintiffs 19 || First Amended Complaint supersedes the original Complaint, making Defendants’ Motion 20 Dismiss moot. Defendants can renew any arguments when responding to the First 21 || Amended Complaint. 22 In light of the foregoing, the Clerk of Court shall issue a summons for the First 23 Amended Complaint. Additionally, the Court TERMINATES AS MOOT Defendants’ 24 || Motion to Dismiss. (ECF No. 7.) 25 IT IS SO ORDERED. 26 A 27 || DATED: September 23, 2024 ( itl A (pha □ 28 United States District Judge ~_9.