Can a plaintiff amend his fifth amended complaint to state a cause of action?
California, United States of America
The following excerpt is from Hidalgo v. Kazi Foods, Inc., B247488 (Cal. App. 2014):
Plaintiff fails to suggest how he would amend his fifth amended complaint to correct the defects discussed above. The burden of proving a reasonable possibility of amending the complaint to state a cause of action "is squarely on the plaintiff." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The trial court therefore did not abuse its discretion by sustaining the demurrers without leave to amend.
The judgment is affirmed. Defendants are awarded their costs on appeal.
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