What is the legal test for granting leave to amend a motion to dismiss a claim?

MultiRegion, United States of America

The following excerpt is from Uhlig v. Fairn & Swanson Holdings, Case No.: 20-cv-00887-DMS-MSB (S.D. Cal. 2021):

Generally, when a court dismisses claims, leave to amend is granted "even if no request to amend the pleading was made, unless [the court] determines that the pleading could not possibly be cured by the allegation of other facts." Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc) (internal citation omitted).

Page 9

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
If a motion to dismiss is granted, should the court grant leave to amend the pleading? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the legal test for granting leave to amend a motion to dismiss a complaint? (MultiRegion, United States of America)
When will a court grant leave to amend a motion dismissed for failure to state a claim? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Is a motion to amend a Motion to amend the Petitioner's Statement of Claim to add new claims timely? (MultiRegion, United States of America)
Can a motion to amend a claim be dismissed with leave to amend? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.