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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.

Teela Cull

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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Thus, at the time the Motion for Leave to Amend was filed, no discovery had been conducted.
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.
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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