In a personal injury action, can plaintiffs amend or amend the elements of their cause of action?

California, United States of America


The following excerpt is from Wright v. Cooley, F072269 (Cal. App. 2018):

In their opening brief, plaintiffs profess ignorance of which elements of their cause of action were found deficient, and assert that, "[o]nce Plaintiffs stated they could plead additional facts, the trial court should have granted leave to amend." In support, plaintiffs cite two cases: King v. CompPartners, Inc. (2016) 243 Cal.App.4th 685, 598, review granted April 13, 2016, S232197 and Bock v. Hansen (2014) 225 Cal.App.4th 215, 235-236.) In both cases, however, the plaintiffs identified particular facts they wished to add to their pleadings, and the proposed facts specifically addressed the areas of the pleadings the court had found to be deficient.4

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