What is the test for appeal against an order denying leave to amend a complaint?

MultiRegion, United States of America

The following excerpt is from Groce v. Harrison, 892 F.2d 83 (9th Cir. 1989):

Ordinarily, an order denying leave to amend a complaint is not appealable under 28 U.S.C. 1291 unless special circumstances demonstrate that the trial court found that plaintiffs could not save the action by any amendment of the complaint they could reasonably be expected to make. State of California v. Harvier, 700 F.2d 1217, 1218 (9th Cir.1983), cert. denied, 464 U.S. 820 (1983).

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