If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend?
California, United States of America
The following excerpt is from 19 Cal.4th 253B, Quelimane Co. v. Stewart Title Guar. Co., 19 Cal.4th 26, 77 Cal.Rptr.2d 709 (Cal. 1998):
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, leave to amend must be granted. (Blank v. Kirwan, supra, 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving a reasonable possibility of amending the complaint to state a cause of action? (California, United States of America)
Can an appellant argue for the first time on appeal that, if a judgment on the pleadings is sustained without leave to amend, the complaint can be amended to state a valid cause of action? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
Can an amended complaint after trial be amended to state a cause of action? (California, United States of America)
Can an amendment to a tortfeasor's law cure a defect in the law and, if so, can it cure the defect with an amendment? (California, United States of America)
Can a plaintiff amend their complaint to state a different cause of action? (California, United States of America)
What is the difference between a complaint that is insufficient to state a cause of action and the second amened complaint? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Does a plaintiff have to prove that the operative complaint can be amended to state a cause of action? (California, United States of America)
