Does a plaintiff have to prove that the operative complaint can be amended to state a cause of action?

California, United States of America


The following excerpt is from Singh v. Bank of Am., N.A., G053029 (Cal. App. 2017):

Singh's arguments do not meet the standard for demonstrating an abuse of discretion by the trial court in denying him yet another opportunity to amend the operative complaint. As explained above, when determining whether the court abused its discretion by sustaining a demurrer without leave to amend, "[t]he burden of proving such reasonable possibility is squarely on the plaintiff." (Blank v. Kirwan, supra, 39 Cal.3d at p. 318.) Singh failed to make any showing of how the operative complaint could be amended to state a cause of action. He merely "requests leave to amend." That is insufficient.

Other Questions


Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
Can a plaintiff amend its own complaint to add causes of action in response to a cross-complaint? (California, United States of America)
Can a plaintiff amend their complaint to state a different cause of action? (California, United States of America)
Can plaintiffs amend their complaint to state a cause of action? (California, United States of America)
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend? (California, United States of America)
Can an appellant argue for the first time on appeal that, if a judgment on the pleadings is sustained without leave to amend, the complaint can be amended to state a valid cause of action? (California, United States of America)
Can an amended complaint after trial be amended to state a cause of action? (California, United States of America)
Can a plaintiff amend their complaint to state a different cause of action? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
What is the burden of proving a reasonable possibility of amending the complaint to state a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.