Is a denial of leave to amend per se an abuse of discretion?
California, United States of America
The following excerpt is from Imperial Cnty. Air Pollution Control Dist. v. State Water Res. Control Bd., C059264 (Cal. App. 2013):
The Air District contends that denial of leave to amend is per se an abuse of discretion if the pleading does not show on its face that it is incapable of amendment. In support, the Air District cites cases in which defects in the pleadings were capable of amendment, and thus each complaint was capable of amendment "on its face." (Kong v.
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