If a proposed amendment fails to state a cause of action, is it proper to deny the amendment?
California, United States of America
The following excerpt is from Soderberg v. McKinney, 44 Cal.App.4th 1760, 52 Cal.Rptr.2d 635 (Cal. App. 1996):
Second, we recognize that "if the proposed amendment fails to state a cause of action, it is proper to deny leave to amend." (Foxborough v. Van Atta, supra, 26 Cal.App.4th at p. 230, 31 Cal.Rptr.2d 525.) However, that does not seem to be the situation here. "The prevailing American rule permits
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