What is the burden of proving that a Page 19 amendment would cure the legal defect?
California, United States of America
The following excerpt is from Raeisi Grp. v. Velocity Commercial Capital, B293744 (Cal. App. 2021):
"The plaintiff has the burden of proving that an amendment would cure the legal defect, and may [even] meet this burden [for the first time] on appeal." (Sierra Palms Homeowners Assn. v. Metro Gold Line Foothill Extension Construction Authority (2018) 19 Cal.App.5th 1127, 1132; accord, Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 971.) Raeisi does not propose on appeal any amendments that could provide a basis for
Page 19
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