California, United States of America
The following excerpt is from Glassberg v. Bankers Warranty Grp., Inc., G047025 (Cal. App. 2013):
Any way you look at it, the only issue is whether the agreement is reasonably susceptible to the meaning plaintiff attaches to the term depreciated value. Since it is not, there is nothing plaintiff can allege to sufficiently amend the complaint. She cannot change the terms of the agreement, which is attached to the complaint. She has already had three opportunities to state a valid claim and has been unable to do so. The burden is on her to show there is a "'reasonable possibility'" she can amend (Zelig v. County of Los Angeles, supra, 27 Cal.4th at p. 1126) and she has not met that burden. Therefore, there is no basis to grant her leave to amend.
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