Is there any basis to amend or amend the Defendant's demurrers to the Plaintiff's cause of action?

California, United States of America


The following excerpt is from KMS Courier, Inc. v. McKesson Corporation, D049775 (Cal. App. 11/30/2007), D049775 (Cal. App. 2007):

Finally, the Plaintiffs contend in passing that the trial court abused its discretion in denying them leave to amend. However, they do not proffer any basis on which they could amend and in fact their reply brief essentially concedes that there are no more specific facts that can be pled in support of their claim for solicitation in violation of section 17047. As there is no apparent basis on which the Plaintiffs might amend their solicitation allegations to state viable claims for unfair practices and unfair competition based on solicitation, the trial court did not abuse its discretion in sustaining the Customer Defendants' demurrers to those causes of action without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742-743.)

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