Can a plaintiff amend their complaint to state a cause of action?
California, United States of America
The following excerpt is from Cantu v. Resolution Trust Corp., 4 Cal.App.4th 857, 6 Cal.Rptr.2d 151 (Cal. App. 1992):
9 Second, if a trial court sustains a demurrer without leave to amend, appellate courts determine whether or not the plaintiff could amend the complaint to state a cause of action. (Blank v. Kirwan, supra, 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
10 If another proper ground for sustaining the demurrer exists, this court will still affirm the demurrers even if the trial court relied on an improper ground, whether or not the defendants asserted the proper ground in the trial court. (Hogen v. Valley Hospital (1983) 147 Cal.App.3d 119, 127, 195 Cal.Rptr. 5.)
11 The allegations in subparagraph (3) are not alleged in the first amended complaint.
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