Hipschman v. County of San Diego

Opinion

1 2 3 4 5 6 7 10 11 CAROLINA HIPSCHMAN, an Case No.: 22-cv-00903-AJB-BLM individual; et al., 12 Plaintiffs, ORDER GRANTING PLAINTIFFS’ 13 v. UNOPPOSED MOTION FOR LEAVE TO FILE A SECOND AMENDED 14 COUNTY OF SAN DIEGO, a public COMPLAINT 15 entity; et al., (Doc. No. 65) 16 Defendants. 17 18 19 20 21 Before the Court is Plaintiffs’ motion for leave to file a Second Amended Complaint 22 (“SAC”) to include as additional defendants, Tin Le and Maria Araiza, to their first cause 23 of action for unwarranted seizure of their child, after discovery revealed their involvement 24 therein. (Doc. No. 65-1 at 5.) Defendants filed a statement of non-opposition to Plaintiffs’ 25 motion. (Doc. No. 70.) The Court finds the matter suitable for determination on the papers 26 and without oral argument. The motion hearing previously scheduled is hereby 28 1 There being no opposition to Plaintiffs’ filing of a SAC as provided in Doc. No. 65-3 2 ||and no showing that the amendment would be futile or prejudice Defendants, the Court 3 GRANTS Plaintiff's motion for leave to file a SAC. See Fed. R. Civ. P. 15(a)(2) (courts 4 ||should freely grant leave to amend “when justice so requires”); Eminence Capital, LLC v. 5 || Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2013) (“Absent prejudice, or a strong □□□□□□□□ 6 || of the remaining factors, there exists a ‘presumption under Rule 15(a) in favor of granting 7 || leave to amend.’” 8 The Clerk of Court is DIRECTED to vacate the October 17, 2024 hearing and file 9 || Doc. No. 65-3 as the Second Amended Complaint. Defendants’ Answer to the SAC must 10 filed no later than July 1, 2024. 1] IT IS SO ORDERED. 12 Dated: June 21, 2024 © ¢ 13 Hon. Anthony J. attaglia 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28