What is the legal test for a plaintiff to amend their complaint?

California, United States of America


The following excerpt is from Int'l Fid. Ins. Co. v. Bank of Am., N.A., C070220 (Cal. App. 2013):

"To satisfy that burden on appeal, a plaintiff 'must show in what manner he can amend his complaint and how that amendment will change the legal effect of his pleading.' [Citation.] The assertion of an abstract right to amend does not satisfy this burden. [Citation.] Plaintiff must clearly and specifically set forth the 'applicable substantive law' [citation] and the legal basis for amendment, i.e., the elements of the cause of action and authority for it. Further, plaintiff must set forth factual allegations that sufficiently state all required elements of that cause of action. [Citations.] Allegations must be factual and specific, not vague or conclusionary. [Citation.]" (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43-44.)

Other Questions


Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (California, United States of America)
What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
Can a plaintiff amend their second amended complaint to correct the defects of the original complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint? (California, United States of America)
Is a plaintiff required to amend her complaint to include issues that arise after the original complaint has been filed? (California, United States of America)
Is a plaintiff's amended complaint for wrongful death related back to the original complaint? (California, United States of America)
How do plaintiffs amend their first amended complaint to correct the defects discussed above? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.