Gelber v. City of Willits

Background

Craig Anthony Gelber, who was representing himself, sued the City of Willits, the City of Willits Water Department, and several individual defendants. He alleged that they disconnected his water utility service while he was pursuing an adverse-possession claim concerning property.

On October 23, 2023, the court granted the defendants’ motion to dismiss and allowed Gelber to amend his complaint. Gelber then filed a second amended complaint, and the defendants filed another motion to dismiss. The day after that motion was filed, Gelber moved for permission to file a third amended complaint.

Motion to Amend

Gelber said the second amended complaint contained a “myriad of errors and omissions” because he had run out of time. He sought to file a cleaned-up version and add a declaratory-relief claim to his fourth claim for relief.

The court explained that courts generally should allow a party to amend a pleading unless there is strong evidence of undue delay, bad faith, repeated failure to correct deficiencies, undue prejudice, or futility. It found that amendment was warranted, particularly because the amendments were generally non-substantive. The court therefore granted Gelber’s motion for leave to file a third amended complaint.

Effect on the Dismissal Motion and Schedule

To avoid prejudice to the defendants, the court treated their previously filed motion to dismiss as a motion directed at the third amended complaint. The defendants could raise any new issues concerning that complaint in their reply brief.

The court reset the schedule: Gelber’s opposition was due January 4, 2024; the defendants’ reply was due January 18, 2024; and the hearing was reset for February 8, 2024, at 9:00 a.m. by Zoom. The court ordered Gelber to file the third amended complaint by December 5, 2023. This order did not rule on the defendants’ motion to dismiss.