California, United States of America
The following excerpt is from Stella v. Asset Mgmt. Consultants, Inc., B269207 (Cal. App. 2017):
14. Although Stella correctly states the trial court abuses its discretion if it sustains a demurrer without leave to amend if the pleading defect can be cured, he does not identify any additional facts he can allege that would justify application of the delayed discovery rule in this case. (See Schifando v. City of Los Angeles, supra, 31 Cal.4th at p. 1081 ["plaintiff has the burden of proving that an amendment would cure the defect"].)
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