What is the test for proving that a defect in a motion can be cured by amendment?
California, United States of America
The following excerpt is from Flannery v. VW Credit, Inc., 181 Cal.Rptr.3d 589, 232 Cal.App.4th 606 (Cal. App. 2014):
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. [Citation.] (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
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