Is a motion to dismiss a pro se complaint without leave to amend appropriate?

MultiRegion, United States of America

The following excerpt is from Phanvongkham v. GSF Props., Inc., Case No. 1:17-cv-00051-DAD-EPG (E.D. Cal. 2017):

Dismissal of a pro se complaint without leave to amend is appropriate where any opportunity to amend the complaint would be futile. Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) ("a district court should grant leave to amend even if no request to amend the

Page 6

Other Questions


Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
Does a district court err in denying a motion to amend a motion where the amended complaint would be subject to dismissal? (MultiRegion, United States of America)
Does a plaintiff have to amend or amend their complaint when they are dismissed with leave to amend? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
Is a motion for dismissal without leave to amend appropriate? (MultiRegion, United States of America)
What is the test for a motion to amend a motion denying an amended complaint? (MultiRegion, United States of America)
What is the effect of a denial of a motion for leave to amend a third amended complaint? (MultiRegion, United States of America)
Can a motion to amend a complaint be amended when the motion is futile? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.