Youngevity International, Corp. v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Youngevity International, et al., Case No.: 3:16-cv-704-BTM-JLB
Plaintiffs, ORDER GRANTING MOTION FOR v. LEAVE TO FILE FIFTH AMENDED
COMPLAINT
Todd Smith, et al., 14 Defendants. [ECF NO. 628] 15 Before the Court is the plaintiffs’ motion for leave to file a fifth amended complaint to allow Plaintiff Youngevity International Corp. (“Youngevity”) to add claims for breach of contract against Defendants Dave Pitcock, Barb Pitcock, Todd Smith, Blake Graham, Andre Vaughn, and Total Nutrition, Inc. (collectively, the “Distributor Defendants”). (See ECF No. 628; see also 628-3, at 81-83.) “After a party has amended a pleading once as a matter of course, it may only amend further after obtaining leave of the court, or by consent of the adverse party.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citing Fed. R. Civ. P. 15(a)). Rule 15 provides that “[t]he court should freely give leave when justice so…