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


The following excerpt is from Marugg v. Dep't of Justice, D074249 (Cal. App. 2019):

could cure the defect with an amendment. [Citation.] If we find that an amendment could cure the defect, we conclude that the trial court abused its discretion and we reverse; if not, no abuse of discretion has occurred. [Citation.] The plaintiff has the burden of proving that an amendment would cure the defect." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081 (Schifando).)

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