Is a plaintiff prejudiced by the court's failure to grant leave to file an amended complaint?

California, United States of America


The following excerpt is from Olson v. Hornbrook Cmty. Servs. Dist., C091885 (Cal. App. 2021):

Even so, plaintiff argues the reasons cited by the court for disregarding the amended complaint were erroneous. Plaintiff, however, cannot demonstrate she was prejudiced by the court's failure to grant her leave to file the amended complaint. (People v. Coley, supra, 52 Cal.App.4th at p. 972.) Indeed, the court disregarded the amended complaint for plaintiff's failure to file the proper fee waiver form, but it permitted plaintiff an opportunity to remedy the problem. Plaintiff took advantage of that opportunity and remedied the issue by filing the proper fee waiver form, and the amended complaint was thereafter rejected for filing on other bases.

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