For the purposes of determining whether the trial court abused its power to deny leave to amend a motion to amend the complaint, what is the test for this claim?

California, United States of America


The following excerpt is from York v. City of L. A., B278254 (Cal. App. 2019):

For the same reason, we reject plaintiffs' suggestion that the trial court abused its discretion by not allowing leave to amend the complaint. We review the denial of leave to amend a complaint for an abuse of discretion. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) "If the court sustained the demurrer without leave to amend . . . we must decide whether there is a reasonable possibility the plaintiff could cure the defect with an amendment. [Citation.] If we find that an amendment could cure the defect, we conclude that the trial court abused its discretion and we reverse; if not, no abuse of discretion has occurred. [Citation.] The plaintiff has the burden of proving that an amendment would cure the defect." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)

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