Can a party amend their complaint on appeal even if such amendment was not proffered below?

California, United States of America


The following excerpt is from KVB, Inc. v. Cnty. of Glenn, C084188 (Cal. App. 2019):

A party may propose amendments to a complaint on appeal even if such amendment was not proffered below, to show the trial court abused its discretion in not granting leave to amend. (See Code Civ. Proc., 472c; Connerly v. State of California (2014) 229 Cal.App.4th 457 (Connerly) [granting leave on appeal to change the legal theory of the case].)9 The appellant must show the viability of the proposed amendments. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A party should outline in its opening

Page 19

Other Questions


What is the effect of amending a complaint to amend it to amend the original 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)
Can a party amend or strike out the name of and party in an amended complaint? (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 is the test for a motion to appeal a judgment of dismissal after a demurrer to the second amended complaint was sustained without leave to amend? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (California, United States of America)
What is the test for a motion to amend a complaint to amend the complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.