What is the test for a motion to amend a motion where a plaintiff has been found to have suffered from a defect in their motion?
California, United States of America
The following excerpt is from Ouyang v. Achem Indus. Am., Inc., B290915 (Cal. App. 2020):
whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
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