United States District Court, N.D. California
ORDER DENYING MOTION FOR RELIEF FROM SCHEDULING
ORDER, MOTION TO AMEND, AND MOTION TO STRIKE JURY DEMAND RE:
DKT. NO. 54
C. Spero Chief Magistrate Judge
Priya Sanger and Michael Sanger move for leave to file an
amended complaint after the deadline set by a scheduling
order. The Sangers’ sole existing claim is under
California’s codification of the Uniform Voidable
Transactions Act. The Sangers seek to add allegations on
information and belief that Defendant Ahe Ahn (rather than
her daughter, non-party Leah Ahn) owns the real property in
dispute and add a quiet title claim on based on those
allegations, and to remove all allegations and claims against
Defendant Lance Ahn, as well as the Sangers’ claim for
money damages. Based on the proposed removal of their claim
for damages, the Sangers seek to strike the Ahns’ jury
demand. The Ahns contend that the Sangers’ proposed
amendment is untimely, not brought diligently, prejudicial,
and brought in bad faith.
Court held a hearing on September 13, 2019. Because the
Sangers did not act diligently, the motion for relief from
the scheduling order is DENIED. Without such relief, the
proposed amendment is untimely, and is also DENIED, although
the Sangers may voluntarily dismiss their claim against Lance
Ahn and their prayer for damages if they so choose. At this
time, however, the request for damages remains in the
complaint, and the motion to strike the Ahns’ jury
demand is therefore DENIED, without prejudice to the Sangers
renewing that motion after the Court resolves the Ahns’
pending motion for summary judgment.
proposed amendment is based on Ahe Ahn’s testimony at
her deposition, which took place on July 10, 2019. The
Sangers contend that until this testimony, they lacked a
sufficient basis to allege that Ahe Ahn owned the property:
Q: Did Leah Ahn pay any part of the down payment for the
A: No. It’s all my money.
Q: Has she paid any of the mortgage payments with her own
Q: You made all the mortgage payments for her?
Q: From 2004 to present?
Q: So all the money she spent on the Lombard property has