Can a plaintiff amend their second amended complaint to cure its defects?
California, United States of America
The following excerpt is from Cabot Ashtabula 22, LLC v. Jones Lang Lasalle Americas, Inc., G050627 (Cal. App. 2015):
Plaintiffs do not argue the trial court abused its discretion in denying them leave to amend their second amended complaint. Nor do they offer any suggestion as to how their complaint might be amended to cure its defects. As they bear the burden on that issue, we need not consider it further. (Maxton v. Western States Metals (2012) 203 Cal.App.4th 81, 95 [A plaintiff seeking to amend "'"must show in what manner he can
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amend his complaint and how that amendment will change the legal effect of his pleading"'"].)
The judgment is affirmed. Respondents are entitled to their costs on appeal.
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