What factors will be considered in determining whether to grant a motion to amend the complaint?

MultiRegion, United States of America

The following excerpt is from Jackson v. Bank of Hawaii, 902 F.2d 1385 (9th Cir. 1990):

4 A third factor to consider in reviewing the trial court's decision is whether the proposed amended complaint would be futile. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962). Because we conclude that the lower court correctly denied appellants' motion on the above grounds, we need not reach the futility point per se. We note that this analysis is inextricably tied to the propriety of the trial court's granting appellees' summary judgment motion, which we discuss infra.

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