J.M.

Background 18 On December 14, 2021, Plaintiff filed his complaint. 19 On April 8, 2022, Defendant filed a Rule 12(b)(6) motion to dismiss. 20 On April 26, 2022, Plaintiff filed his First Amended Complaint (“FAC”). 21 On May 10, 2022, Defendant filed an answer to the FAC. 22 Discussion 23 Under Rule 15(a)(1)(B), “A party may amend its pleading once as a matter of course: . . . 24 (B) if the pleading is one to which a responsive pleading is required . . . 21 days after service of a 25 motion under Rule 12(b), (e), or (f) . . . .” This rule confers upon a party a right to amend, the 26 only limitations being those found within Rule 15(a)(1) itself. Ramirez v. County of San 27 Bernardino, 806 F.3d 1002, 1007-08 (9th Cir. 2015). Some courts have used the term “absolute 28 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., |Inc. v. Glickman, 229 F.3d 277, 282-83 (D.C. Cir. 2000). “[A]n amended complaint supersedes 4 the original, the latter being treated thereafter as non-existent” and as no longer performing any 5 …