YellowCake, Inc. v. DashGo, Inc.

Background 22 On May 17, 2021, Plaintiff filed its complaint for damages. 23 On July 1, 2021, Defendants filed a Rule 12(f) motion to strike. 24 On July 21, 2021, Plaintiff filed a First Amended Complaint (“FAC”). 25 Discussion 26 Under Rule 15(a)(1)(B), “A party may amend its pleading once as a matter of course: . . . 27 (B) if the pleading is one to which a responsive pleading is required . . . 21 days after service of a 28 1 motion under Rule 12(b), (e), or (f)....” This rule confers upon a party a right to amend, the 2 only limitations being those found within Rule 15(a)(1) itself. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1007-08 (9th Cir. 2015). Some courts have used the term “absolute 4 right” in describing a party’s ability to amend under Rule 15(a)(1). E.g. In re Alfes, 709 F.3d 631, |639 (6th Cir. 2013); Galustian v. Peter, 591 F.3d 724, 730 (4th Cir. 2010); James Hurson Assocs., 6 Inc. v. Glickman, 229 F.3d 277, 282-83 (D.C. Cir. 2000). “[A]n amended complaint supersedes original, the latter being treated thereafter as non-existent” and as no longer performing any function in the case. Ramirez, 806 F.3d at 1008; see also Hal…