When a motion is sustained without leave to amend, what is the test for a motion to amend?
California, United States of America
The following excerpt is from Wertheim, LLC v. Currency Corp., B218547 (Cal. App. 2012):
of action. [Citation.] And when 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." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
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