Frontier Homes, LLC v. DiBenedetto (In re DiBenedetto)

MEMORANDUM OF DECISION RE PLAINTIFF’S MOTION TO AMEND COMPLAINT

Plaintiff Frontier Homes, LLC, filed a motion to amend its complaint for nondis-chargeability of debt against debtor Joe Paul DiBenedetto on July 21, 2016, which was opposed by debtor and heard by the court on August 11, 2016. At the hearing, the court announced its tentative decision to deny the amendment for futility on two separate grounds: first, because the claim for relief which Frontier wished to assert in the amended complaint was barred by the applicable state law statute of limitations for the tort claim of malicious prosecution, as required by Lockerby v. Sierra, 535 F,3d 1038 (9th Cir. 2008); and second, because the amendment stated an entirely new claim for relief which was untimely per the bar date established by Rule 4007(c).

Frontier argued against the court’s tentative ruling, in part because the application of Lockerby referenced in the court’s decision had not been briefed by the parties. For that reason, the court allowed the parties to present supplemental briefs on that issue, with Frontier’s brief due on August 25, 2016, and any further opposition from debtor due on September 8, 2016, with…