What is the test for a motion to amend a motion, and what is the burden of proving such a reasonable possibility?

California, United States of America


The following excerpt is from Lin v. City of Pleasanton, A132046 (Cal. App. 2013):

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.' [Citations.]" (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.)

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