Does a plaintiff have to amend or amend their pleading if they are seeking leave to do so?

Counsel for business plaintiffs confirmed at oral argument they do not seek leave to further amend their pleading. ( Centinela, supra, 1 Cal.5th at p. 1010, 209 Cal.Rptr.3d 280, 382 P.3d 1116.) This position tacitly acknowledges the complaint does not suffer from a deficiency that can be cured by amendment, but is, instead, ripe for writ review: "Where, as here, the pleadings and matters subject to judicial notice establish the defendant owed the plaintiff no duty, a case may properly be disposed of on demurrer, without further waste of judicial resources." ( Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 165, fn. 12, 41 Cal.Rptr.3d 299, 131 P.3d 383.)