What is the test for determining whether a pleading is defective or defective?
California, United States of America
The following excerpt is from Bfgc Architects Planners v. Forcum/Mackey, 119 Cal.App.4th 848, 14 Cal.Rptr.3d 721 (Cal. App. 2004):
1443, 1451, 125 Cal.Rptr.2d 277.) In addition to our determination the current pleading is defective, we must also consider whether the complaint is capable of being amended to state a cause of action. (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126, 119 Cal.Rptr.2d 709, 45 P.3d 1171.) The burden is on plaintiff to show there is a "reasonable possibility" it can do so. (Ibid.)
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