Can a plaintiff amend their complaint to allege a cause of action?

California, United States of America


The following excerpt is from Avalon Land Co. v. Lee, B245736 (Cal. App. 2014):

Nevertheless, if there is a reasonable possibility a plaintiff can amend a complaint to allege a cause of action, amendment should be granted. (Smith v. State Farm Mutual Automobile Ins. Co. (2001) 93 Cal.App.4th 700, 711.) A party may demonstrate how amendment is warranted for the first time on appeal. (Ibid.)

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