Zhongqi Zhu v. County of Los Angeles

MEMORANDUM

Zhongqi Zhu appeals from the dismissal of her original complaint as well as the district court’s order refusing to vacate the dismissal and not permitting her to file an amended complaint. Because her original complaint did not state claims upon which relief could be granted, we affirm the district court’s November 15, 2012 order granting defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). We also affirm the portion of the district court’s January 24, 2013 order denying Zhu’s motion to vacate the dismissal under Federal Rule of Civil Procedure 60(b)(1). We reverse the portion of the district court’s January 24, 2013 order denying Zhu’s motion for leave to file her first amended complaint and remand for further proceedings for the reasons stated herein.

1. We review the district court’s denial of a motion to amend a complaint “for abuse of discretion and in light of the strong public policy permitting amendment.” Outdoor Sys., Inc. v. City of Mesa, 997 F.2d 604 , 614 (9th Cir.1998). The district court “may deny leave to amend due to ‘undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by…