WILLIAM B. SHUBB, District Judge.
Plaintiff Delia Wilson brought this putative class action against Conair Corporation, asserting violations of the Consumers Legal Remedies Act ("CLRA"), Cal. Civ. Code § 1750
Plaintiff's proposed FAC differs from her original Complaint in three significant ways. First, the proposed FAC contains new allegations that defendant failed to report consumer complaints of power cord ruptures on styling irons to the Consumer Product Safety Commission ("CPSC") in violation of the Consumer Product Safety Act ("CPSA"). (
Second, the proposed FAC adds counts five and six for negligence and negligent infliction of emotional distress. (
Third, plaintiff's proposed FAC adds two strict products liability claims for design or manufacture defect and failure to warn. (Proposed FAC ¶¶ 81-96.) Defendant does not seem to object to the addition of the two products liability claims.
Generally, a motion to amend is subject to Rule 15(a), which provides that the "court should freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). However, "[o]nce the district court ha[s] filed a pretrial scheduling order pursuant to Federal Rule of Civil Procedure 16[,] which establishe[s] a timetable for amending pleadings[,] that rule's standards control[ ]."
A party seeking leave to amend under Rule 16(b) must demonstrate "good cause." Fed. R. Civ. P. 16(b). "Rule 16(b)'s `good cause' standard primarily considers the diligence of the party seeking amendment."
The court finds that plaintiff has established good cause for seeking leave to amend. She did not become aware of defendant's alleged failure to report consumer complaints of cord ruptures until she deposed Conair's witness, Pam Keegan, on December 2, 2015. (Pl.'s Mem. at 3 (Docket No. 107-1).) She therefore could not have included this allegation in her original Complaint. She diligently filed her motion for leave to amend her Complaint on January 11, 2016—just one month after the deposition.
While plaintiff was aware of her personal injuries prior to filing her original Complaint and represented that she would not be seeking personal injury damages, she has good cause for alleging these claims now since she did not know that the injuries would still be ongoing nearly two years later. (
If good cause is found, the court must then evaluate the request to amend the complaint in light of Rule 15(a)'s liberal standard.
Courts have understood "bad faith" to mean such tactics as, for example, seeking to add a defendant merely to destroy diversity jurisdiction.
While the court acknowledges that plaintiff's individual claims may weigh against class certification, this is an issue to be considered on plaintiff's motion for class certification and not grounds for denying plaintiff's motion to amend. Moreover, after reviewing the transcript of plaintiff's deposition, the court cannot find that plaintiff affirmatively represented she would not seek personal injury damages during discovery. For instance, when asked whether she planned to file a personal injury lawsuit she answered, "I don't know." (MacPherson Decl. Ex. A at 167:19-25 (Docket No. 107-4).) Similarly, when defense counsel asked, "do you agree never to pursue personal injury claims in the future in this lawsuit?" she responded again by saying, "I don't know." (
An amendment is "futile" only if it would clearly be subject to dismissal.
Defendant contends plaintiff's UCL claim predicated on defendant's alleged violation of the CPSA is futile because there is no private right of action under the CPSA and plaintiff therefore does not have standing to bring this claim. (Def.'s Opp'n at 5);
"While courts will determine the legal sufficiency of a proposed amendment using the same standard as applied on a Rule 12(b)(6) motion . . . such issues are often more appropriately raised in a motion to dismiss rather than in an opposition to a motion for leave to amend."
Defendant next argues that plaintiff's CLRA and UCL claims are futile because they were not pled with sufficient particularity given the heightened pleading standard that applies to claims based on fraud. (Def.'s Opp'n at 8-11.) Again, the court finds that these issues are more appropriate for a motion to dismiss. The court therefore finds that defendant has failed to establish futility.
Lastly, defendant argues it will be prejudiced if plaintiff is allowed to amend her Complaint as it "will drive up the costs of this litigation by generating additional motion practice and delay in order to dispose of these new meritless claims." (
Despite defendant's allegations, granting plaintiff's motion for leave to amend will not cause undue prejudice or delay—the pre-trial conference will remain on November 7, 2016 with trial set for January 10, 2017. Furthermore, defendant has until July 1, 2016 to conduct any additional discovery that may be necessary. Defendant will also have adequate time to hire the additional experts that it argues are necessary to address plaintiff's new personal injury claims because the deadline for expert disclosures is May 20, 2016 and rebuttal expert reports are due June 17, 2016. (Docket No. 49.) Finally, while the proposed amendments do significantly expand the scope of this case, the court is not persuaded that they have "greatly altered the nature of the litigation."
IT IS THEREFORE ORDERED that plaintiff's motion for leave to file a First Amended Complaint be, and the same hereby is, GRANTED.
Plaintiff has three days from the date this Order is signed to file her proposed FAC.