What is the test for allowing appellant to amend or amend the complaint?

California, United States of America


The following excerpt is from Ochoa v. Ndex W. LLC., B246702 (Cal. App. 2014):

As previously noted, the doctrine of res judicata and appellant's failure to allege tender bars the action on any new theories. Thus, there is no basis for allowing subsequent amendments to a complaint, which was barred as a matter of law. Accordingly, we conclude the trial court did not abuse its discretion by refusing to allow appellant to further amend the complaint. (Hernandez v. City of Pomona, supra, 46 Cal.4th at p. 522.)

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