Can a plaintiff amend their complaint to state a different cause of action?
California, United States of America
The following excerpt is from Filet Menu, Inc. v. Cheng, 71 Cal.App.4th 1276, 84 Cal.Rptr.2d 384 (Cal. App. 1999):
[71 Cal.App.4th 1280] "Second, if a trial court sustains a demurrer without leave to amend, appellate courts determine whether or not the plaintiff could amend the complaint to state a cause of action. [Citation.]" (Cantu v. Resolution Trust Corp., supra, 4 Cal.App.4th at p. 879, fn. 9, 6 Cal.Rptr.2d 151.)
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