Legal Opinion
Cooper v. Franchise Tax Board
District Court, N.D. California
Decided September 29, 1987No. C-86-4427 SAWPublished
1Opinion of the Court
MEMORANDUM AND ORDER
WEIGEL, District Judge.
Plaintiff moves for leave to file an amended complaint. Along with such motion, plaintiff submits his proposed second amended complaint.
An order dismissing the complaint and a final judgment dismissing the action have already been entered against plaintiff; therefore, an amendment may be made only by leave of the court. Wright & Miller, Federal Practice and Procedure: Civil § 1483 (1971). While this Court recognizes the liberal amending policy embodied in Federal Rule 15(a), Fed.R.Civ.P. 15(a), the Court is not required to allow futile amendments.…
2Cases cited6 opinions
- Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
- Capitol Industries-EMI, Inc. v. BennettCourt of Appeals for the Ninth Circuit · 1982
- Logan v. Southern California Rapid Transit DistrictCalifornia Court of Appeal · 1982
- Harold Randall, for Himself and All Others Similarly Situated v. Franchise Tax Board of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1971
- Wood v. SargeantCourt of Appeals for the Ninth Circuit · 1982
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