What is the test for a motion to amend the cause of action?
California, United States of America
The following excerpt is from Fisher v. Cal. Sch. Emps. Ass'n, D066884 (Cal. App. 2015):
In reviewing the court's refusal to permit an amendment, we are governed by an abuse-of-discretion standard. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) The court abuses its discretion if there is a reasonable possibility an amendment would cure the defects. (Ibid.) An appellant has the burden to show how the complaint could be amended to state a viable cause of action. (Ibid.)
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