Francis

Francis v. Equilon Enterprises, LLC.

Good Law
46 F. App'x 562
United States Court of Appeals for the Ninth CircuitSeptember 19, 2002No. 01-55079; D.C. No. CV-99-01196-WFNCalifornia994 words

Opinion

Lead Opinion

MEMORANDUM **

On this return appeal, Equilon Enterprises, LLC (Equilon) appeals the district *563 court’s judgment and award of damages in this diversity case, and challenges the district court’s decision to allow the addition of Francis & Sons Enterprises, Inc. (FSEI) as a party plaintiff. For the following reasons, we affirm.

I. Addition of FSEI as a party plaintiff.

Once evidence was presented showing that Francis relied on Equilon’s promises when he decided to purchase the car wash, that he decided to purchase the property in FSEI’s name, that he was the sole shareholder of FSEI, and that he provided all the purchase money, the district court was well within its discretion 1 to allow an amendment to conform to the evidence pursuant to Federal Rule of Civil Procedure 15(b).

Equilon’s arguments for prejudice are unpersuasive. Equilon knew of the claims against it with respect to the car wash property and had ample opportunity to conduct discovery and to prepare a defense against them. Thus, this case differs materially from Nelson v. Adams USA Inc., 529 U.S. 460 , 120 S.Ct. 1579 , 146 L.Ed.2d 530 (2000), in which a defendant, not a plaintiff, was added after judgment, giving…

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