What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend?
California, United States of America
The following excerpt is from Borges v. W. Progressive, LLC, A151077 (Cal. App. 2018):
it is sustained without leave to amend, we decide whether there is a reasonable possibility 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.)
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