California, United States of America
The following excerpt is from Kats v. Recontrust Co., D065841 (Cal. App. 2015):
Additionally, on appeal, plaintiffs have not met their burden of showing how they can amend their complaint and how the amendment will change the legal effect of the pleading. " 'The assertion of an abstract right to amend does not satisfy this burden.' [Citation.] The plaintiff[s] must clearly and specifically state 'the legal basis for amendment, i.e., the elements of the cause of action,' as well as the 'factual allegations that sufficiently state all required elements of that cause of action.' " (Maxton v. Western States Metals (2012) 203 Cal.App.4th 81, 95.)
The judgment is affirmed. Respondents shall recover their costs on appeal.
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