What is the burden on a plaintiff to prove that a defect in the complaint can be cured by amendment?
California, United States of America
The following excerpt is from Summer J. v. U.S. Baseball Fed'n, 258 Cal.Rptr.3d 615, 45 Cal.App.5th 261 (Cal. App. 2020):
that the defect in the complaint could be cured by amendment." ( King v. CompPartners, Inc. (2018) 5 Cal.5th 1039, 1050, 236 Cal.Rptr.3d 853, 423 P.3d 975.) The burden is on the plaintiff to prove that amendment could cure the defect. ( Ibid . )
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