If a motion to dismiss is granted, should the court grant leave to amend the pleading?
MultiRegion, United States of America
The following excerpt is from United States ex rel. Reilly v. Adventist Health, CASE NO. 17-CV-00613-AWI-SKO (E.D. Cal. 2020):
If a motion to dismiss is granted, the courts should generally grant leave to amend, even if no request to amend the pleading was made. Ebner v. Fresh, Inc., 838 F.3d 958, 962 (9th Cir. 2016). Courts may decline to grant leave to amend, however, where amendment would be futile and where "there is strong evidence of 'undue delay, bad faith or dilatory motive on the part of the
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