Skip to main content
· 11/23/2015

Sergio Ramirez v. County of San Bernardino

Citations

  • 806 F.3d 1002
  • 93 Fed. R. Serv. 3d 288
  • 2015 U.S. App. LEXIS 20277
  • 2015 WL 7423064

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if Plaintiff has already filed one amendment as a matter of course he 7 must seek consent to file another
  • holding that a plaintiff may 12 choose to amend their complaint the first time by stipulation, thereby saving the plaintiff’s 13 as-a-matter-of-course amendment for later in the litigation
  • reasoning that the ability to amend under Rule 15(a)(1) is not 6 “exhausted or waived once a 15(a)(2) amendment is made”
  • stating that an “amended complaint supersedes the original, the latter being treated thereafter as non-existent” (cleaned up)
  • stating that Rule 15(a)(1)(B) allows a Plaintiff to “amend once within twenty-one 8 || days after service” of a motion under Rule 12(b)(6)
  • finding that plaintiffs “may amend in whatever order” of method they see fit if 16 it is timely

Source: CourtListener parenthetical corpus (CC0).

Judges: Bybee, Bea, Foote

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.