The following excerpt is from Quinta v. Am. Int'l Specialty Lines Ins. Co., Civil No. 10cv1011-L(CAB) (S.D. Cal. 2011):
Foman v. Davis, 371 U.S. 178, 182 (1962). Dismissal with prejudice and without leave to amend is not appropriate unless it is clear that the complaint could not be saved by amendment. Id. Based on the allegations in the second amended complaint and provisions of the insurance policies, it does not appear that Plaintiffs could amend the complaint.
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