What is the test for a plaintiff to argue that the trial court abused its discretion in denying them leave to amend their complaint?

California, United States of America


The following excerpt is from Roudanez v. Colton Real Estate Grp., G051576 (Cal. App. 2016):

Plaintiffs contend the trial court abused its discretion in denying them leave to amend, but they fail to provide an explanation how they could amend their complaint to overcome the defects discussed in this opinion. As explained above, a plaintiff may not assert an abstract right to amend; rather, a plaintiff must specify the additional facts it would allege and explain how those facts are sufficient to state a cause of action under the controlling legal authority. (Rosen, supra, 193 Cal.App.4th at p. 458.) Plaintiffs failed to do so, and therefore failed to establish an abuse of discretion. (Id. at p. 464; Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 53 [no abuse of discretion in denying leave to amend when appellants failed to "provide[] adequate legal authority or factual allegations . . . to satisfy their burden of showing that there is a reasonable possibility that they can amend the legal effect of their complaint"].)

Other Questions


Is there any abuse or abuse of a trial court when a plaintiff is denied leave to amend his complaint to add a claim for breach of contract? (California, United States of America)
Does a trial court's decision to deny leave to amend for an abuse of discretion in a motion to amend a motion? (California, United States of America)
Does a court have abused its discretion in denying leave to amend a second amended complaint? (California, United States of America)
For the purposes of determining whether the trial court abused its power to deny leave to amend a motion to amend the complaint, what is the test for this claim? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Can a motion for leave to amend a complaint for abuse of discretion be denied? (California, United States of America)
In what circumstances will the trial court allow a plaintiff to amend a third amended complaint? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.