California, United States of America
The following excerpt is from KVB, Inc. v. Cnty. of Glenn, C084188 (Cal. App. 2019):
A party may propose amendments to a complaint on appeal even if such amendment was not proffered below, to show the trial court abused its discretion in not granting leave to amend. (See Code Civ. Proc., 472c; Connerly v. State of California (2014) 229 Cal.App.4th 457 (Connerly) [granting leave on appeal to change the legal theory of the case].)9 The appellant must show the viability of the proposed amendments. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A party should outline in its opening
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