Jennifer Castillo et al v. Nationstar Mortgage LLC et al
Filing
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ORDER GRANTING 45 PLAINTIFFS' MOTION TO AMEND COMPLAINT. Signed by Judge Beth Labson Freeman on August 11, 2016. (blflc2S, COURT STAFF) (Filed on 8/11/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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JENNIFER CASTILLO, et al.,
Case No. 15-cv-01743-BLF
Plaintiffs,
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v.
ORDER GRANTING PLAINTIFFS’
MOTION TO AMEND COMPLAINT
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NATIONSTAR MORTGAGE LLC, et al.,
[Re: ECF 45]
Defendants.
United States District Court
Northern District of California
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Plaintiffs Jennifer and Jason Castillo (the “Castillos”) seek leave to amend their complaint
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against Defendants Nationstar Mortgage LLC; Wells Fargo Bank, National Association; and Does
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1-100 to (1) allege “additional unlawful conduct that has occurred since the complaint was filed,”
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(2) “respond [to] Nationstar’s newly alleged defense,” (3) “add[] a new cause of action, alleging
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breach of a transfer agreement,” and (4) “respond[] to Nationstar’s possible repudiation of the
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entire modification by reasserting certain damages Plaintiffs had previously withdrawn.” Mot. 2,
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ECF 45. Defendants oppose Plaintiffs’ motion. ECF 48. The Court heard oral argument on
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Plaintiffs’ motion on August 11, 2016. For the reasons stated on the record and below, the Court
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GRANTS Plaintiffs’ motion to amend.
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As a threshold matter, the Parties disagree over the appropriate legal standard governing
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this motion. The Castillos argue that their request for leave to file a second amended complaint
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should be governed by Fed. R. Civ. P. 15. Mot. 6–7, ECF 45. Defendants argue that Fed. R. Civ.
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P. 16 provides the applicable legal standard. Opp. 1, ECF 48. Rule 15 is the proper legal standard
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by which to assess Plaintiffs’ motion here because the scheduling order did not set a deadline for
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amendment. Soto v. Castlerock Farming & Transp., Inc., No. 1:09-cv-00701 AWI JLT, 2011 WL
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3489876, at *2 (E.D. Cal. Aug. 9, 2011) (“When the scheduling order does not set a deadline for
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amendment, Rule 16’s good cause standard does not apply.” (citations omitted)); see ECF 30.
Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a
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matter of course within 21 days of serving it. Fed. R. Civ. P. 15(a)(1). Further amendment of the
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pleadings is allowed with the opposing party’s consent or leave of the court. Id. 15(a)(2). Rule 15
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provides that “[t]he court should freely give leave [to amend] when justice so requires.” Fed. R.
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Civ. P. 15(a)(2).
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“Courts may decline to grant leave to amend only if there is strong evidence of ‘undue
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delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies
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by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance
of the amendment, [or] futility of amendment, etc.’” Sonoma Cty. Ass’n of Retired Emps. v.
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United States District Court
Northern District of California
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Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing Foman v. Davis, 371 U.S. 178, 182
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(1962)); see also Allen v. City of Beverly Hills, 911 F.2d 367, 373 (9th Cir. 1990) (“Five factors
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are frequently used to assess the propriety of a motion for leave to amend [under Rule 15(a)(2)]:
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(1) bad faith, (2) undue delay, (3) prejudice to the opposing party, (4) futility of amendment, and
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(5) whether plaintiff has previously amended his complaint.” (citations omitted)). Of these so-
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called Foman factors, prejudice is the weightiest and most important. Eminence Capital, LLC v.
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Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). Absent prejudice or a strong showing of bad
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faith, undue delay, or futility of amendment, there exists a presumption under Rule 15(a) in favor
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of granting leave to amend. Id.
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Here, the Court finds that the Foman factors weigh in favor of granting Plaintiffs’ motion
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to amend. First, the Court finds that there is no evidence suggesting Plaintiffs acted in bad faith;
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therefore this factor does not weigh against amendment. Second, although Defendants suggest the
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presence of undue delay (Mot. 2, ECF 48), undue delay standing alone is insufficient to prevent
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the Court from granting leave to amend pleadings. Howey v. United States, 481 F. 2d 1187, 1191
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(9th Cir. 1973). Third, Defendants do not raise the issue of prejudice and have thus not satisfied
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their burden of demonstrating that they would be prejudiced by the Court granting the motion. See
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DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987) (“The party opposing
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amendment bears the burden of showing prejudice.” (citation omitted)). Fourth, although the
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proposed amendments are, for the most part, unnecessary, they do not rise to the level of futility.
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Cf. Bonin v. Calderon, 59 F.3d 815, 846 (9th Cir. 1995) (finding amendments futile because they
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were “duplicative of existing claims or patently frivolous, or both”). Finally, although Plaintiffs
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have previously amended their complaint, they have done so only once and as a matter of right.
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Cf. Soto, 2011 WL 3489876, at *3 (finding that the filing of five pleadings weighed against
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granting leave to amend). Accordingly, the Court GRANTS Plaintiffs’ motion to amend.
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United States District Court
Northern District of California
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As discussed at the hearing, Plaintiffs shall file their amended pleading by no later than
August 12, 2016. A revised scheduling order is forthcoming.
IT IS SO ORDERED.
Dated: August 11, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
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