What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment?
MultiRegion, United States of America
The following excerpt is from Duerst v. Superior Court of Cal. Cnty. of Placer, No. 2:18-cv-02869 TLN AC (PS) (E.D. Cal. 2018):
These are not defects that can be cured by amendment, and leave to amend need not be granted where it would be futile. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987). Accordingly, the complaint must be dismissed without leave to amend.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a motion to dismiss a motion alleging that the motion is defective and unenforceable? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Does a motion to dismiss a pro se complaint containing only conclusory, vague or general allegations of conspiracy to deprive a person of their constitutional rights withstand dismissal? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Can a motion to dismiss be dismissed on the grounds that a pro se party made factual allegations in his papers opposing the motion? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
Does a district court err in denying a motion to amend a motion where the amended complaint would be subject to dismissal? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
