Thomas v. Solarcity Financial Company, LLC
ORDER Granting Leave to File Amended Complaint. Plaintiffs have shown that there's no issues of notice, delay, or prejudice in allowing amendment. The motion 42 for leave to file an amended complaint is Granted. Signed by Judge Larry Alan Burns on 12/06/2017. (ajs)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JONATHAN DENICOLA, et al. ,
CASE NO. 17cv820-LAB
ORDER GRANTING LEAVE TO
FILE AMENDED COMPLAINT
SOLARCITY CORPORATION, et al. ,
Plaintiffs ask for leave to file an amended complaint to add allegations, including
PAGA claims, to avoid statute of limitations issues. The Court should freely give leave to
amend when justice so requires . Fed . R. Civ. P. 15(a). Defendants argue that adding the
PAGA claims would be futile: similar state court PAGA actions are pending, so the
Defendants would seek, and win, a stay. Maybe so. But Defendants haven't made a
sufficient showing that their likelihood of winning a stay is so obvious as to outweigh the
liberal amendment policy. They didn't cite any authority for their position, and , Defendants
previously argued that class representatives like Jonathan Denicola wouldn't have qualified
as a plaintiff "in any pending action." [Dkt. 32 at 6.] Plaintiffs have shown that there's no
issues of notice, delay, or prejudice in allowing amendment. The motion for leave to file an
amended complaint is GRANTED.
IT IS SO ORDERED.
/v ~' - /1
HONORABLE LARRY ALAN BURNS
United States District Judge
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