Is a court required to grant leave to amend a pleading if the pleading lacks merit entirely?

MultiRegion, United States of America

The following excerpt is from Gonzales v. Podsakoff, 1:15-cv-00924-DAD-SKO (PC) (E.D. Cal. 2018):

only required to grant leave to amend if a complaint can possibly be saved. Courts are not required to grant leave to amend if a complaint lacks merit entirely."); see also Doe v. United States, 58 F.3d 494, 497 (9th Cir. 1995) ("[A] district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not be cured by the allegation of other facts."); compare Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012) (leave to amend defects in pro se pleading need not be extended where incapable of being cured through amendment).

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