Does the doctrine of "shame pleading" apply to plaintiffs who have changed their pleadings?

California, United States of America


The following excerpt is from Von Gerlach v. FRG Plaza LLC, B284254 (Cal. App. 2019):

doctrine is not "'intended to prevent honest complainants from correcting erroneous allegations . . . or to prevent correct of ambiguous facts.'" [Citation.] Instead, it is intended to enable courts "'to prevent an abuse of process.'" [Citation.]' [Citations.] Plaintiffs therefore may avoid the effect of the sham pleading doctrine by alleging an explanation for the conflicts between the pleadings"]; see also Deveny v. Entropin, Inc. (2006) 139 Cal.App.4th 408, 426 ["the party who made the pleadings must be allowed to explain the changes"].)

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