Kenneth Russell DeGraff v. American Dream Auto Project Inc., et al.

Decl., P. 11.) He is not married and has no minor children. (Id., P.P. 4-5.) (2) Payee Burchfield has been advised in writing by the transferee to seek independent professional advice regarding the transfer and knowingly waived, in writing, the opportunity to receive the advice. (Burchfield Decl., P. 16.) (3) The transferee has complied with the notification requirements pursuant to paragraph (2) of subdivision (f), the transferee has provided the payee with a disclosure form that complies with Section 10136, and the transfer agreement complies with Sections 10136 and 10138. (4) The transfer does not contravene any applicable statute or the order of any court or other government authority. (5) Payee Burchfield understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Section 10136. (6) Payee Burchfield understands and does not wish to exercise the right as payee to cancel the transfer agreement. (Burchfield Decl., P. 18.)

Disposition

The Court hereby grants CIS, LLC amended petition for approval for transfer of payment rights from payee/transferor Waltay Burchfield.

Ruling: No. 9 - Kenneth Russell DeGraff v. American Dream Auto Project Inc., et al. Plaintiff Kenneth Russell DeGraff's Motion for Leave to File a First Amended Complaint Plaintiff Kenneth Russell DeGraff moves for leave to file a first amended complaint. Plaintiff seeks to correct an erroneous date, provide more specificity given his receipt of phone records, add citations and grounds for Defendants' willfulness, and remove the fifth and sixth causes of action. Code of Civil Procedure section 473(a)(1) provides, "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading."

Courts exercise their discretion "liberally to permit amendment," and "[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) A motion for leave to amend will normally be granted unless (a) the party seeking to amend has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.)

Defendants filed a notice of non-opposition to the motion. The Court will permit Plaintiff to file the first amended complaint.

Disposition

Plaintiff Kenneth Russell DeGraff's motion for leave to file a first amended complaint is granted. Plaintiff is ordered to file the proposed first-amended complaint forthwith. | Home -->)" -->