Legal Opinion

Bill Millenkamp v. Davisco Foods International, I

Court of Appeals for the Ninth Circuit

Decided August 24, 2011No. 10-35013, 10-35664UnpublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM **

*7211. The district court did not abuse its discretion by denying the Millenkamps’ motion to amend the complaint. A court abuses its discretion when it bases its decision on an incorrect view of the law or a clearly erroneous finding of fact. Gonzales v. Free Speech Coalition, 408 F.3d 613, 618 (9th Cir.2005). “Abuse of discretion is a highly deferential standard, under which the appellate court cannot substitute its view ... for that of the district court; rather, the review is limited to assuring that the district court’s determination has a basis in reason.” Id. (internal quotation…

2Cases cited6 opinions

  1. Dairl Johnson Claudine Johnson v. Mammoth Recreations, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. Moreno v. City of SacramentoCourt of Appeals for the Ninth Circuit · 2008
  3. Vincent v. Trend Western Technical Corp.Court of Appeals for the Ninth Circuit · 1987
  4. Gonzales v. Free Speech CoalitionCourt of Appeals for the Ninth Circuit · 2005
  5. BECO Construction Co. v. J-U-B Engineers Inc.Idaho Supreme Court · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lochridge v. City of TacomaDistrict Court, W.D. Washington · 2014
  2. Shields v. Credit One Bank, N.A.District Court, D. Nevada · 2023
  3. Stein v. City of Las VegasDistrict Court, D. Nevada · 2024

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