What is the burden of showing that amendment can cure the defects?

California, United States of America


The following excerpt is from Hedwall v. PCMV, LLC, 22 Cal.App.5th 564, 231 Cal.Rptr.3d 560 (Cal. App. 2018):

burden of showing that a reasonable possibility exists that amendment can cure the defects remains with the plaintiff; neither the trial court nor this court will rewrite a complaint. [Citation.] Where the appellant offers no allegations to support the possibility of amendment and no legal authority showing the viability of new causes of action, there is no basis for finding the trial court abused its discretion when it sustained the demurrer without leave to amend. [Citations.]" ( Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43-44, 96 Cal.Rptr.2d 354.)

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