What is the burden of proving a defect can be cured by amendment?
California, United States of America
The following excerpt is from McCaffery v. Madera Cmty. Hosp., F074523 (Cal. App. 2019):
It is well established the plaintiff has the burden of demonstrating "a reasonable possibility that the defect can be cured by amendment." (Blank v. Kirwan, supra, 39 Cal.3d at p. 318.) When that burden is satisfied, the judgment of dismissal is reversed
Page 19
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a court sustains a demurrer without leave to amend, what is the burden of proving that the amendment would cure the defect? (California, United States of America)
Can an amendment to a tortfeasor's law cure a defect in the law and, if so, can it cure the defect with an amendment? (California, United States of America)
What is the burden of proving that a Page 19 amendment would cure the legal defect? (California, United States of America)
What is the burden of proving that an amendment would cure the defect? (California, United States of America)
What is the burden on a plaintiff to prove that a defect in the complaint can be cured by amendment? (California, United States of America)
What is the burden of proving that a pleading defect can be cured by amendment? (California, United States of America)
What is the burden of proving that an amendment to a tortfeasor's statute would cure the defect? (California, United States of America)
What is the burden of proving a plaintiff's claim can be cured by amendment to their pleading? (California, United States of America)
What is the test for proving reasonable possibility that a defect can be cured by amendment? (California, United States of America)
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend? (California, United States of America)
