Can a plaintiff amend his or her complaint to add a new cause of action in response to a demurrer?

California, United States of America


The following excerpt is from Steele v. Title365 Co., B290078 (Cal. App. 2019):

against only Title365. Generally, "[f]ollowing an order sustaining a demurrer . . . with leave to amend, the plaintiff may amend his or her complaint only as authorized by the court's order. [Citation.] The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend." (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)

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