Garcia v. Birch (2024)

Citation: Garcia v. Birch (2024)
Parent Document: Garcia v. Birch (2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-09-23
Original Source: https://www.courtlistener.com/opinion/10124239/garcia-v-birch/ ↗

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More importantly, the present amended complaint was filed and drafted before the notice
for termination for no cause had matured. In their rush to the Courthouse, Plaintiffs have failed to
allow the process to play out. While the Court can imagine situations where Rule 15 would allow
amendment, particularly if one basis for termination, such as non-payment of rent, gave rise to a
cause of action, and plaintiff sought to later join a no cause termination that did not mature at the
time of filing. This is because the landlord is always juggling multiple notices with the 60-day time
limits of Section 4467(k). In such a case, the first cause of action is valid and sustains the cause of
action while the amendment simply adds the separate, additional cause.

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