Kimball v. County of San Diego
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion for leave to file a Second Amended Complaint. The court granted the motion and set a deadline for the plaintiff to file the amended complaint by October 25, 2024.
| What the court decided | The model |
|---|---|
Joint motion for leave to file a Second Amended Complaint granted“the Court GRANTS the joint motion for leave to file a Second Amended Complaint. (ECF No. 15.)” | agree with court The order correctly applies the liberal amendment policy of Federal Rule of Civil Procedure 15(a) and the Ninth Circuit precedent favoring amendments. The court notes the parties' joint motion, which implies consent, further supporting the grant of leave. |
The order itself: sound — The order is procedurally correct and relies on the appropriate standard for granting leave to amend under Rule 15(a). It correctly identifies the parties' joint motion as a factor supporting the grant.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ZACK KIMBALL, Case No. 24-cv-0682-BAS-VET 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR LEAVE FOR PLAINTIFF TO FILE A SECOND 14 COUNTY OF SAN DIEGO, and AMENDED COMPLAINT EMILIO CASTILLERO, 15 (ECF No. 15) Defendants. 16 17 Presently before the Court is the parties’ joint motion to grant Plaintiff leave to file 18 a Second Amended Complaint. (ECF No. 15.) 19 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 20 Cnty. Ass’n of Retired Emps. v. Sonoma Cnty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 21 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 22 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 23 requires.’”). Further, a party may amend its pleading without a court order where the 24 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 25 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) the 26 parties’ joint motion, which indicates Defendants’ consent to the amendment, the Court 27 GRANTS the joint motion for leave to file a Second Amended Complaint. (ECF No. 15.) 28 Plaintiff shall file his Second Amended Complaint on or before October 25, 2024. 1 || Defendants shall file responsive pleadings on or before November 15, 2024. 2 IT IS SO ORDERED. 3 A 4 || DATED: October 21, 2024 Ypilag (Lyohaa é 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.