Can a plaintiff amend his complaint to state a different cause of action?

California, United States of America


The following excerpt is from Miller v. Dep't of Corr., C079853 (Cal. App. 2018):

Moreover, "[c]ontrary to longstanding rules generally precluding a party from changing the theory of the case on appeal [citations], a plaintiff may propose new facts or theories to show the complaint can be amended to state a cause of action, thereby showing the trial court 'abused its discretion' ( 472c, subd. (a)) in not granting leave to amend. The plaintiff 'must show in what manner he can amend his complaint and how that amendment will change the legal effect of his pleading.' [Citations.]" (Connerly v. State of California (2014) 229 Cal.App.4th 457, 460, fn. omitted (Connerly).)

Other Questions


Can a plaintiff amend their complaint to state a different cause of action? (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 a plaintiff amend their complaint to state a different 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)
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)
Can plaintiffs amend their complaint to state a 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 prove that the operative complaint can be amended to state a cause of action? (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 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.