What is the test for a frivolous or malicious action?

MultiRegion, United States of America

The following excerpt is from Coyle v. Clear Channel Commc'ns, Case No.: 3:16-cv-1173-LAB-KSC (S.D. Cal. 2016):

"When a case may be classified as frivolous or malicious, there is, by definition, no merit to the underlying action and so no reason to grant leave to amend." See Lopez v. Smith 203 F.3d 1122, 1127 n.8 (9th Cir. 2000) (en banc).

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