Does a court have abused its discretion in denying leave to amend a second amended complaint?
California, United States of America
The following excerpt is from Vargo v. Fin. Freedom Acquisition, LLC, G049006 (Cal. App. 2015):
Plaintiff also contends the court abused its discretion in denying her leave to amend. We review a decision to deny leave to amend for abuse of discretion. (Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 637.) Denial of leave to amend constitutes an abuse of discretion if the plaintiff carries the burden of demonstrating a reasonable possibility the defects can be cured by amendment. (Ibid.) But because plaintiff has proposed no amendments to her second amended complaint that she contends would cure the defects, she has not shown the court abused its discretion in sustaining the demurrers without leave to amend.
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The judgments of dismissal are affirmed. Respondents shall recover their costs on appeal.
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