When will a court grant a plaintiff leave to amend their claim?
California, United States of America
The following excerpt is from Perl v. Bank of Am. N.A., B278356 (Cal. App. 2019):
When the trial court denies leave to amend, "we also must decide whether there is a reasonable possibility that the defect can be cured by amendment." (Koszdin v. State Comp. Ins. Fund
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(2010) 186 Cal.App.4th 480, 487.) "The plaintiff bears the burden of proving there is a reasonable possibility of amendment. [Citation.] . . . [] To satisfy that burden on appeal, a plaintiff 'must show in what manner he can amend his complaint and how that amendment will change the legal effect of his pleading.' " (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43-44.) The requisite showing can be made for the first time on appeal, as the "issue of leave to amend is always open on appeal, even if not raised by the plaintiff." (City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 746.)
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