Is there an abuse of discretion to grant a motion for judgment on the pleadings without leave to amend?

California, United States of America


The following excerpt is from Macdonald v. Arazm, B265659 (Cal. App. 2018):

"[I]t is an abuse of discretion to grant a motion for judgment on the pleadings without leave to amend ' "if there is any reasonable possibility that the plaintiff can state a good cause of action." ' " (Dudley v. Department of Transportation (2001) 90 Cal.App.4th 255, 260.) The appellant bears the burden of showing abuse of discretion and carries that burden by showing how the complaint can be amended to state a cause of action. (Ibid.)

Other Questions


When a plaintiff has been granted leave to amend and elects not to file an amended pleading, what is the effect of the amended pleading? (California, United States of America)
Does a trial court's decision to deny leave to amend for an abuse of discretion in a motion to amend a motion? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
When a motion is sustained without leave to amend, what is the test for a motion to amend? (California, United States of America)
What is the test for a motion to appeal a judgment of dismissal after a demurrer to the second amended complaint was sustained without leave to amend? (California, United States of America)
What is the effect of a motion for judgment on the pleadings without leave to amend and to dismiss the complaint thereafter? (California, United States of America)
Can an appellant argue for the first time on appeal that, if a judgment on the pleadings is sustained without leave to amend, the complaint can be amended to state a valid cause of action? (California, United States of America)
How does a court review a judgment dismissing a complaint after the granting of a demurrer without leave to amend? (California, United States of America)
Is it an abuse of discretion to sustain a demurrer without leave to amend? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.