When a court dismisses a complaint for failure to state a claim, does leave to amend be granted?

MultiRegion, United States of America

The following excerpt is from Vigil v. Gen. Nutrition Corp., CASE NO. 15-cv-0079 JM (DBH) (S.D. Cal. 2015):

Federal Rule of Civil Procedure 15 provides that leave to amend should be granted when justice requires it. Accordingly, when a court dismisses a complaint for failure to state a claim, "leave to amend should be granted unless the court determines that the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency." DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992) (internal quotation marks omitted). Amendment may be denied, however, if amendment would be futile. See id.

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