Is a district court order dismissing a complaint with leave to amend appealable?
MultiRegion, United States of America
The following excerpt is from Dearing v. Swinson, 990 F.2d 1256 (9th Cir. 1993):
A district court order dismissing a complaint with leave to amend is not a final and appealable decision. Proud v. United States, 704 F.2d 1099, 1100 (9th Cir.1983) (per curiam). Whether the plaintiff amends the complaint is immaterial in determining the appealability of the order. Id.
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