The following excerpt is from Diunugala v. JP Morgan Chase Bank, N.A., CASE NO. 12cv2106-WQH-NLS (S.D. Cal. 2014):
amended pleading is filed. See Netbula v. Distinct Corp., 212 F.R.D. 534, 539 (N.D. Cal. 2003) ("Ordinarily, courts will defer consideration of challenges to the merits of a proposed amended pleading until after leave to amend is granted and the amended pleading is filed.").
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