Ruth Lopez v. General Motors Corporation

In this personal injury action, which was removed to the federal district court from California superior court, the plaintiff Lopez appeals from a summary judgment for the defendant General Motors Corporation. She also claims error in the court’s denial of her motion for leave to amend her complaint by adding additional parties and for an order, based upon the presence of those parties, remanding the case to the superior court. We affirm.

I. Proceedings in the Trial Court.

Lopez’s action was originally filed in the superior court for Alameda County, California, on February 19, 1981. Before process was served, she filed a first amended complaint on March 25. The case was removed to the district court, on petition of General Motors, on May 4. On September 21, the court entered an order granting judgment on the pleadings for General Motors, but with leave to amend. Lopez filed a second amended complaint on September 28. On October 8, General Motors filed a motion to dismiss or, in the alternative, for summary judgment. This motion was finally set for hearing on November 13, 1981.

On November 9, Lopez filed a motion for leave to amend the complaint by adding additional parties, the…