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In the Ninth Circuit, courts consider five factors when determining whether to grant leave: 1 bad faith, 2 undue delay, 3 prejudice to the opposing party, 4 futility of amendment, and 5 whether the plaintiff has previously amended the complaint.








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At the time, Cull alleged that she was a resident of Washington State.




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Description: The analysis focuses on the bad faith of the party seeking to amend the complaint, as well as the prejudice to the other party.

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Views: 5512 Date: 22.04.2022 Favorited: 83 favorites
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Thus, at the time the Motion for Leave to Amend was filed, no discovery had been conducted.
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Defendants do not oppose Schmidt's inclusion as a defendant or the addition of new Nevada law claims, but they do contest Cull's right to add the California claims, contending they are futile.
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She argues that because her claims are related to those brought in her original Complaint, Defendants will not be obligated to re-litigate new issues or engage in additional discovery.

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