Is it an abuse of discretion to sustain a demurrer without leave to amend?
California, United States of America
The following excerpt is from Cochran v. Cochran, 65 Cal.App.4th 488, 76 Cal.Rptr.2d 540 (Cal. App. 1998):
3 If the plaintiff shows a complaint can be amended to state a cause of action, it is an abuse of discretion to sustain a demurrer without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742, 1 Cal.Rptr.2d 543, 819 P.2d 1.)
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