Is it an abuse of discretion to refuse to grant leave to amend a complaint?
California, United States of America
The following excerpt is from Squillacote v. Ridgecrest Charter Sch., F062334, Super. Ct. No. S-1500-CV268187 (Cal. App. 2012):
It is an abuse of discretion to refuse to grant a plaintiff leave to amend a complaint when there is a reasonable possibility that the defect can be cured by amendment. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) It is plaintiff's burden, however, to prove there is a reasonable possibility that the defect can be cured by amendment. (Ibid.) Since Squillacote failed to present any facts or argument to the trial court that would support a cause of action, the trial court did not abuse its discretion when it denied her leave to amend.
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