Karen Milton v. Costco Wholesale Corporation

I. BACKGROUND

On August 3, 2020, Plaintiff filed a Complaint in the Superior Court of the County of San Bernardino. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges two causes of action: (1) negligence and (2) premises liability. (See Complaint.) On November 12, 2020, Defendant filed its Answer to Plaintiff’s Complaint in state court. (Dkt. No. 8.) Defendant Costco Wholesale Corporation (“Costco”) removed on February 17, 2021. (“Notice of Removal,” Dkt. No. 1.)

On June 22, 2021, Plaintiff filed this Motion. (See Motion.) In support of the Motion, Plaintiff filed the Declaration of attorney Fernando D. Vargas. (“Vargas Declaration,” Dkt. No. 17-2.) Defendant opposed on July 2, 2021. (“Opposition,” Dkt. No. 18.) Plaintiff replied on July 9, 2021. (“Reply,” Dkt. No. 19.)

II. LEGAL STANDARD

Rule 15 provides that leave to amend “shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a). The Ninth Circuit has held that “[t]his policy is to be applied with extreme liberality.” Eminence Capital, L.L.C. v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (quoting Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001)). Leave to…