California, United States of America
The following excerpt is from Rubenstein v. Gap, Inc., 14 Cal.App.5th 870, 222 Cal.Rptr.3d 397 (Cal. App. 2017):
When a demurrer to a complaint is sustained without leave to amend, "we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff." ( Blank v. Kirwan , supra , 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58.) "While such a showing can be made for the first time to the reviewing court [citation], it must be made." (
[222 Cal.Rptr.3d 408]
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