What is the test for a motion to challenge a finding that a plaintiff has failed to seek leave to amend his complaint?

Initially, the county contends that plaintiff may not challenge the trial court's ruling since plaintiff failed to seek leave to amend his complaint. This meritless argument comes 44 years too late. (See Code Civ.Proc., 472c, adopted in 1939; Scott v. City of Indian Wells (1972) 6 Cal.3d 541, 550, 99 Cal.Rptr. 745, 492 P.2d 1137.)

We are bound to construe the allegations of the complaint liberally with a view toward attaining substantial justice among the parties. (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 244-245, 74 Cal.Rptr. 398, 449 P.2d 462.)