What is the burden of proving that an amendment would cure the defect?
California, United States of America
The following excerpt is from Kim v. Kim, B277997 (Cal. App. 2019):
Under these circumstances it was not an abuse of discretion for the trial court to deny leave to amend. (See Schifando v. City of Los Angeles, supra, 31 Cal.4th at p. 1081 ["plaintiff has the burden of proving that an amendment would cure the defect"].)
The judgment is affirmed. Defendants are to recover their costs on appeal.
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