Does plaintiff have the right to amend his complaint?

California, United States of America


The following excerpt is from Gerash v. Verizon Online LLC, B239823 (Cal. App. 2013):

Finally, plaintiff contends the trial court abused its discretion in not allowing him to amend his complaint. As to his section 1722 claim, his desire to allege that defendants are "retailers" under section 1722 is moot in view of our conclusion that plaintiff's only remedy is in small claims court. And as to his other causes of action, he says only that he could allege "additional facts" without saying what they are. This does not meet plaintiff's burden to show a reasonable possibility the complaint could be amended to state a cause of action. (Blank v. Kirwan, supra, 39 Cal.3d at p. 318.)

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