Can an amended complaint after trial be amended to state a cause of action?
California, United States of America
The following excerpt is from Bristol Convalescent Hospital v. Stone, 258 Cal.App.2d 848, 66 Cal.Rptr. 404 (Cal. App. 1968):
Russell v. Ramm, supra, had to do with a claim that the filing of an amended complaint after trial, apparently to conform to proof, left plaintiff with a complaint that failed to state a cause of action because of omission from the amended complaint of an essential paragraph found in the original complaint the allegations of which had been proved at the contested trial.
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