Is a motion for dismissal without leave to amend appropriate?
MultiRegion, United States of America
The following excerpt is from Kline v. Iovate Health Scis. United Statesa., Inc., Case No.: 3:15-cv-02387 (S.D. Cal. 2017):
Foman v. Davis, 371 U.S. 178, 182 (1962) (internal quotation marks and citation omitted). Dismissal without leave to amend is not appropriate unless it is clear the complaint cannot be saved by amendment. Id. Because it appears Plaintiffs may be able to amend the complaint to avoid the statute of limitations bar, leave to amend is granted.
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