Behl

AMENDED MEMORANDUM OF OPINION AND ORDER

Plaintiffs move for leave to file a second amended complaint to add a RICO cause of action. Defendants Security Connecticut Life Insurance Company and the Bank of Edwardsville together move for summary adjudication on the issue of damages. Defendant Grant Thornton also moves for summary adjudication on the issue of damages.

I.

Plaintiffs move for leave to add a sixth cause of action to their complaint, alleging violations of the RICO statute by defendants Security Connecticut Life Insurance Company (“Security !) and the Bank of Edwardsville (“the Bank”). Both plaintiffs and defendants would have the court apply the standards of Rule 15(a) to determine whether the proposed amendment should be allowed. Under Rule 15(a), a party may amend its pleadings only by leave of court or by written consent of the adverse party, and leave “shall be ireely given when justice so requires.” Leave to amend should be granted under Rule 15(a) unless the amendment would cause prejudice to the opposing party, is sought in bad faith, is futile or creates undue delay. Moore v. Kayport Package Express, 885 F.2d 531 , 538 (9th Cir.1989).

However, the standards of…