Can a plaintiff's pleading be amended to cure the defects in a third amended complaint?

California, United States of America


The following excerpt is from Hughes v. OneWest Bank, A130897 (Cal. App. 2012):

We conclude that there is no reasonable possibility the defects in the third amended complaint may be cured by yet another amendment of plaintiff's pleading. Plaintiff was granted ample opportunity and instruction from the trial court to cure the defects in his pleading, but failed to do so. "Plaintiff had already filed three versions of the complaint at the time the trial court entered its order, each one unsuccessful in stating a cause of action." (Fontenot, supra, 198 Cal.App.4th 256, 274.) His third amended complaint is unsuccessful not because he is an imperceptive or inartful pleader, but because neither the properly asserted facts nor the remaining conclusory allegations state the requisite elements of his causes of action. (Schauer v. Mandarin Gems of Cal., Inc. (2005) 125 Cal.App.4th 949, 961.) Therefore, the trial court did not abuse its discretion

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