What are the factors used to determine whether a motion for leave to amend is successful?

MultiRegion, United States of America

The following excerpt is from Rang Dong Joint Stock Co. v. J.F. Hillebrand USA, Inc., No. 2:18-cv-003195-KJM-KJN (E.D. Cal. 2020):

Of the five factors, two are given considerable weight: prejudice to the opposing party and futility of amendment. See id. at 1052 ("[I]t is the consideration of prejudice to the opposing party that carries the greatest weight."); Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995) ("[E]ach [factor] is not given equal weight. Futility of amendment can, by itself, justify the denial of a motion for leave to amend."). Given their importance, the court considers these two factors first.

(1) Prejudice to Hillebrand and Futility of Amendment

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What are the factors used to determine whether a motion or motion has been successful on appeal? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
What factors will be considered in determining whether to grant a motion to amend the complaint? (MultiRegion, United States of America)
Is there any case law supporting a motion to amend the terms of a motion for leave to amend? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.