Can a plaintiff amend their complaint to state a different cause of action?
California, United States of America
The following excerpt is from Victor Valley Econ. Dev. Auth. v. State, C072518 (Cal. App. 2014):
Under a "a counterintuitive quirk of California appellate law" (Connerly v. State of California (2014) 229 Cal.App.4th 457, 460 (Connerly)), a plaintiff may propose new facts and theories for the first time on appeal to explain how the complaint may be amended to state a cause of action, thereby showing the trial court "abused its discretion" (Code Civ. Proc., 472c, subd. (a)) in not granting leave to amend.7 (See City of
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