Can a pleading error be corrected to correct the pleading defects in an amended complaint?
California, United States of America
The following excerpt is from Stiglmier v. Santa Barbara Cmty. Coll. Dist., 2d Civil No. B261296 (Cal. App. 2016):
Appellant argues that his third amended complaint, filed in lieu of opposition to the demurrer, demonstrates that the complaint can be amended to correct the pleading defects. (See Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 890.) The third amended complaint abandons the identity theft claim and alleges new causes of action for declaratory and injunctive relief based on conclusory allegations that fail to state a cause of
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