Can a plaintiff amend their second amended complaint to correct the defects of the original complaint?
California, United States of America
The following excerpt is from Abikasis v. Provident Title Co., B266058 (Cal. App. 2016):
Plaintiffs fail to suggest how they would amend their second 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. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The trial court therefore did not abuse its discretion by sustaining the demurrer without leave to amend.
The order dismissing the action is affirmed. Provident is awarded its costs on appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
