When a demurrer is sustained without leave to amend, what is the test for a Page 5 amendment?
California, United States of America
The following excerpt is from Didak v. Merrill Lynch Mortg. Investors, Inc., B240704 (Cal. App. 2013):
When a demurrer "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." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Such a
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