Pulido

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here.

The denial of a motion for leave to amend is reviewed for abuse of discretion. See Howey v. United States, 481 F.2d 1187, 1190 (9th Cir.1973). Nevertheless, “outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules.” Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962). “The Supreme Court has instructed the lower federal courts to heed carefully the command of [Fed.R.Civ.P. 15(a) ], by freely granting leave to amend when justice so requires.” Howey, 481 F.2d at 1190 .

The district court abused its discretion when it denied Pulido’s motion for leave to amend his complaint to add the Cal. Civ.Code § 3342 strict liability claim. *975 The district court did not explicitly provide any reasons for refusing to allow Pulido to add the § 3342 claim. Appellees now argue that one possible explanation is the court’s concern with Pulido’s forum shopping. Although this argument may bear some…