When a plaintiff has been granted leave to amend and elects not to file an amended pleading, what is the effect of the amended pleading?
California, United States of America
The following excerpt is from Bichai v. Dignity Health, 276 Cal.Rptr.3d 154, 61 Cal.App.5th 869 (Cal. App. 2021):
2 When, as in this case, a plaintiff has been granted leave to amend and elects not to file an amended pleading, appellate courts will construe the pleading strictly, based on the rationale that the plaintiff's election indicates he believes the pleading has stated the strongest case possible. (Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261, 275, 187 Cal.Rptr.3d 798.)
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