In what circumstances will a court deny a plaintiff an opportunity to amend the statement of action?

California, United States of America


The following excerpt is from Cothran v. San Jose Water Works, 21 Cal.Rptr. 103 (Cal. App. 1962):

In considering whether a court abused its discretion in denying the pleader an opportunity to amend, consideration must be given to 'the fact that he has not succeeded in three efforts in approaching the statement of a cause of action * * *.' (Taliaferro v. Wampler, supra, 127 Cal.App.2d at p. 310, 273 P.2d at p. 832); also to what the pleader proposes to provide by amendment.

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