BAKER v. MAJOR LEAGUE BASEBALL PROPERTIES INC et al

Filing 268

ORDER: The Motion for Leave to Amend Fourth Amended Complaint to Add Defendant filed by Plaintiff (Doc. 242 ) is DENIED. Signed by Judge William Q. Hayes on 7/2/2012. (mdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RICHARD BAKER

CASE NO. 3:09-CV-00982 WQH(BGS)
Plaintiff,

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ORDER

vs.
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MAJOR LEAGUE BASEBALL
PROPERTIES, INC., MAJOR LEAGUE
BASEBALL ENTERPRISES, INC., SAN
DIEGO PADRES, WORLD BASEBALL
CLASSIC, INC. and GMR,
LLC,
Defendants.
__________________________________
AND RELATED COUNTER AND
CROSS CLAIMS
HAYES, Judge:
The matter before the Court is the Motion for Leave to Amend Fourth Amended
Complaint in Order to Add Defendant filed by Plaintiff Richard Baker. (ECF No. 242.)
BACKGROUND

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On March 18, 2008, Plaintiff initiated this action by filing a complaint regarding

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injuries suffered in San Diego, California, on March 20, 2006. (ECF No. 1). The complaint

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named Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., Major

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League Baseball Players Association, World Baseball Classic, Inc., San Diego Padres Baseball

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Club, LP, City of San Diego, Ace Parking, Inc., JMI Sports LLC, American Specialty

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Insurance & Risk Services, Inc., and ABC Insurance Company as Defendants. Id.
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3:09-CV-00982 WQH(BGS)

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On April 23, 2008, Plaintiff filed a First Amended Complaint adding Ballpark Village

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LLC as a Defendant. (ECF No. 15). On September 1, 2008, Plaintiff filed a Second Amended

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Complaint. (ECF No. 66). On September 9, 2010, Plaintiff filed a Third Amended Complaint

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adding GMR Marketing, LLC (“GMR”) as a Defendant. (ECF No. 145). On August 5, 2011,

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Plaintiff filed a Fourth Amended Complaint adding Buzztone, Inc. as a Defendant. (ECF No.

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187).

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On August 30, 2011, GMR filed a Third Party Complaint naming HOK Group, Inc.

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(“HOK”), Buzztone, Inc., New Era Cap Co., Inc., and Ballpark Village, LLC as Third Party

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Defendants. (ECF No. 193, 236).

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On April, 30 2012, Plaintiff filed a Motion for Leave to Amend the Fourth Amended

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Complaint in Order to Add HOK as a Defendant. (ECF No. 242). On May 21, 2012, HOK

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filed an opposition to the motion. (ECF No. 251). On May 29, 2012, Plaintiff filed a reply.

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(ECF No. 252).

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CONTENTIONS OF THE PARTIES

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Plaintiff contends that HOK’s involvement in the case was “not fully known” until after

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HOK was brought into the case by third party complaint in August 2011 and HOK’s employee

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was deposed in March 2012. (ECF No. 242-1 at 2). Plaintiff contends that HOK “was as

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much a part of the negligent operation that caused [Plaintiff’s] injuries as any other

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Defendant....” Id. at 5. Plaintiff contends that the proposed Fifth Amended Complaint relates

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back to the date of the original complaint under Rule 15(c) and that HOK would not be

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prejudiced by the amendment.

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HOK contends that the proposed Fifth Amended Complaint is time barred pursuant to

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California statute of limitations and Federal Rule of Civil Procedure 15(c) regarding relation

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back of amended pleadings. HOK contends that it would be prejudiced by the proposed Fifth

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Amended Complaint and that Plaintiff has unduly delayed in filing the amendment.

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APPLICABLE LAW

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“A party may amend its pleading once as a matter of course.” FED. R. CIV. P. 15(a)(1).

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“In all other cases, a party may amend its pleading only with the opposing party’s written
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3:09-CV-00982 WQH(BGS)

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consent or the court’s leave. The court should freely give leave when justice so requires.”

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FED. R. CIV. P. 15(a)(2). “Liberality in granting a plaintiff leave to amend is subject to the

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qualification that the amendment not cause undue prejudice to the defendant, is not sought in

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bad faith, and is not futile.” Bowles v. Reade, 198 F.3d 752, 757 (9th Cir. 1999). “Leave to

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amend need not be given if a complaint, as amended, is subject to dismissal.” Moore v.

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Kayport Package Express, Inc., 885 F.2d 531, 538 (9th Cir. 1989).

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“[T]he district court’s discretion to deny leave to amend is particularly broad where

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plaintiff has previously amended the complaint.” City of Los Angeles v. San Pedro Boat Works,

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635 F.3d 440, 454 (9th Cir. 2011) quoting Ascon Props., Inc. v. Mobil Oil Co., 866 F.2d 1149,

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1160 (9th Cir.1989).

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“Federal Rule of Civil Procedure 15(c) is the only vehicle through which a plaintiff may

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amend his complaint after the statute of limitations has run, to accurately name a defendant

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who was not correctly named in the pleading before the limitation period had run.” G.F.

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Company v. Pan Ocean Shipping Co. Ltd. 23 F.3d 1498, 1501 (9th Cir. 1994). Rule 15(c)

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provides that an amendment relates back to the original pleading “if the law that provides the

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applicable statute of limitations allows relation back.” FED. R. CIV. P. 15(c)(1)(A). The parties

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in this case do not dispute that the applicable statute of limitations under California law does

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not allow relation back. See Plaintiff’s Reply, ECF No. 252 at 5 (“Plaintiff concedes [that this

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amendment] is beyond the statute of limitations....”)

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If the law that provides the applicable statute of limitations does not allow for relation

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back, Rule 15(c)(1)(C) provides that an amendment to add a party after the expiration of the

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statute of limitations relates back to the original pleading if:

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Rule 15(c)(1)(B) is satisfied [the amendment asserts a claim or defense that
arose out of the conduct, transaction, or occurrence set out--or attempted to be
set out--in the original pleading] and if, within the period provided by Rule
4(m) for serving the summons and complaint [120 days after the complaint is
filed], the party to be brought in by amendment:
(i) received such notice of the action that it will not be prejudiced in defending
on the merits; and
(ii) knew or should have known that the action would have been brought
against it, but for a mistake concerning the proper party's identity.
FED. R. CIV. P. 4(m), 15(c)(1)(B), 15(c)(1)(C).
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3:09-CV-00982 WQH(BGS)

RULING OF THE COURT

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Plaintiff requests an order to allow the filing of a Fifth Amended Complaint that adds

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an additional defendant, HOK, to the case.

The proposed amendment satisfies Rule

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15(c)(1)(B) because “the amendment asserts a claim or defense that arose out of the conduct,

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transaction, or occurrence set out... in the original pleading.” FED. R. CIV. P. 15(c)(1)(B).

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However, Plaintiff has not shown that HOK received notice of the case within 120 days of the

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filing of the original complaint or that HOK should have known about the case “but for a

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mistake concerning the proper party’s identity” within that timeframe. FED. R. CIV. P.

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15(c)(1)(C). HOK was not brought into the case until August 30, 2011, over three years after

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Plaintiff filed the original complaint. Plaintiff delayed adding HOK as defendant in the case

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until April 30, 2012, over four years after filing the original complaint and beyond the

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applicable California statute of limitations. Plaintiff has provided no evidence or testimony

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to show that Plaintiff was mistaken in his original complaint concerning HOK’s proper

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identity. (ECF No. 242).

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The Court finds that the proposed Fifth Amended Complaint adding HOK as a

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defendant is futile. The Court finds that HOK would be subject to dismissal from the proposed

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Fifth Amended Complaint because the applicable statute of limitations has run for filing the

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claim against HOK and Plaintiff fails to show that the proposed amendment relates back to the

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date of the original complaint pursuant to Rule 15(c). Accordingly, the motion for leave to

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amend the fourth amended complaint is denied.
CONCLUSION

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IT IS HEREBY ORDERED that the Motion for Leave to Amend Fourth Amended
Complaint to Add Defendant filed by Plaintiff (ECF No. 242) is DENIED.

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DATED: July 2, 2012
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WILLIAM Q. HAYES
United States District Judge

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