California, United States of America
The following excerpt is from Pifer v. Pifer, D072582 (Cal. App. 2018):
amendment, the trial court does not abuse its discretion in denying leave to amend. (Ibid.) Appellant carries the burden of proving an amendment would cure any defect. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)
Appellants argue that the trial court's analysis was erroneous on all their theories, and/or that the court abused its discretion in denying them leave to amend, particularly as to their individual (direct) tort causes of action for pleading interference with contractual relations and prospective economic advantage. (Everest Investors 8 v. McNeil Partners (2003) 114 Cal.App.4th 411, 427-428 (Everest Investors) [partner's cause of action is individual, not derivative, only where the injury resulted from the violation of some special duty the wrongdoer owed to partner (or stockholder), that has " 'its origin in circumstances independent of the plaintiff's status' " as partner].) Appellants further argue their various derivative claims brought on behalf of the partnership were well pled, as were their separate causes of actions for several different kinds of equitable remedies.
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