Both in the original Complaint and in the proposed amendment, Bayol alleges that Zipcar charged late fees "intentionally, knowingly, and unlawfully.1986), a case in which summary judgment was entered against union members who challenged their union's leadership, the Ninth Circuit affirmed the district court's denial of leave to amend, where "Plaintiffs' attorney admitted that plaintiffs' delay in bringing the cause of action was a tactical choice because he felt that the causes of action already stated were sufficient," and "the district court found that plaintiffs' motion to amend was brought to avoid the possibility of an adverse summary judgment ruling, and that allowing amendment would prejudice the Union because of the necessity for further discovery." Id. Int'l Ass'n of Machinists & Aerospace Workers, 781 F.2d 1393 (9th Cir. Prejudice can be shown where a party alleges new theories late in a case, significantly increases discovery burdens, forces a defendant to re-litigate claims that have already been decided in a prior stage, or delays a party's ability to collect a judgment.
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