Thomas

Background 19 On November 23, 2022, Nationwide removed this case from the Fresno County Superior 20 Court. 21 On December 28, 2022, Defendant filed a Rule 12(b)(6) motion to dismiss. 22 On January 13, 2023, Plaintiffs filed their First Amended Complaint (“FAC”). 23 Discussion 24 Under Rule 15(a), “A party may amend its pleading once as a matter of course within: . . . 25 (B) if the pleading is one to which a responsive pleading is required . . . 21 days after service of a 26 motion under Rule 12(b), (e), or (f) . . . .” Fed. R. Civ. P. 15(a)(1)(B). This rule confers upon a 27 party a right to amend, the only limitations being those found within Rule 15(a)(1) itself. Ramirez 28 |v. County of San Bernardino, 806 F.3d 1002, 1007-08 (9th Cir. 2015). The Ninth Circuit has used 2 the term “absolute right” in describing a party’s ability to amend under Rule 15(a)(1). See Rik- 3 Mik Enters., Inc. v. Equilon Enters. LLC, 532 F.3d 963, 977 (9th Cir. 2015); Shaver v. Operating 4 Eng’rs Local 428 Penstion Trust Fund, 332 F.3d 1198, 1201 (9th Cir. 2003); see also Ramirez, F.3d at 1007. “[A]n amended complaint supersedes the original, the latter being treated …