What is the test for dismissing a motion for summary dismissal without prejudice?
MultiRegion, United States of America
The following excerpt is from Comcast of Sacramento I, LLC v. Sacramento Metro. Cable Television Comm'n, 923 F.3d 1163 (9th Cir. 2019):
the district court to enter an order to that effect on remand, that dismissal should be without prejudice. See Stoyas v. Toshiba Corp. , 896 F.3d 933, 939 (9th Cir. 2018) ("Dismissal with prejudice and without leave to amend is not appropriate unless it is clear ... that the complaint could not be saved by amendment." (citations omitted)).
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