Rosemary H. Mullins v. County of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROSEMARY HINOJOSA MULLINS, et al., Case No. 1:21-cv-00405-AWI-SAB
Plaintiffs, ORDER GRANTING STIPULATED
REQUEST TO AMEND COMPLAINT
v. (ECF Nos. 15, 18) COUNTY OF FRESNO, et al., Defendants.
15 On December 29, 2021, the parties filed a stipulation allowing Plaintiff Rosemary Mullins (“Mullins”) to amend the second amended complaint (ECF No. 15) pursuant to Federal Rule of Civil Procedure 15(a)(2). (ECF No. 18.) More specifically, the parties stipulated to amend the second amended complaint to strike paragraph 59 of the negligence cause of action, which states “Moreover, the County failed to properly screen, train, and monitor its employees,” on the basis that the allegation might be read to allege direct, rather than derivative, liability against the County of Fresno. (Id.) “Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so requires.’ ” Amerisource Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ.…