What is the burden of proving a reasonable possibility of amending the complaint to state a cause of action?
California, United States of America
The following excerpt is from Beglari v. City of L.A., B238950 (Cal. App. 2013):
Plaintiffs fail to suggest how they would amend their second amended complaint to correct the defects noted above. The burden of proving a reasonable possibility of amending the complaint to state a cause of action "is squarely on the plaintiff." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The trial court therefore did not abuse its discretion by sustaining the demurrer without leave to amend.
The judgment is affirmed. The City is awarded its costs on appeal.
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