Is it an abuse of the trial court to sustain a demurrer without leave to amend?

California, United States of America


The following excerpt is from Gurvitz v. Mandelbaum, B305532 (Cal. App. 2021):

Meir also asserts that the trial court abused its discretion when it failed to allow him leave to amend his complaint. "[I]t is an abuse of the trial court's discretion to sustain a demurrer without leave to amend if there is a reasonable possibility the plaintiff can amend the complaint to allege any cause of action." (Smith v. State Farm Mutual Automobile Ins. Co. (2001) 93 Cal.App.4th 700, 711.) "To prove such abuse of discretion, however, the plaintiff must demonstrate how the complaint can be amended. While such a showing can be made for the first time

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