What is the test for an abuse of a clause in a mortgage application?
California, United States of America
The following excerpt is from Tribelsky v. U.S. Bank Nat'Lass'N, B257705 (Cal. App. 2015):
of proving such reasonable possibility is squarely on the plaintiff. (Ibid.) Absent a request by the plaintiff for leave to amend, as in the present case, an abuse of discretion can be found "only if a potentially effective amendment were both apparent and consistent with the plaintiff's theory of the case." (Herrera v. Federal National Mortgage Assn. (2012) 205 Cal.App.4th 1495, 1501.)
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