What is the test for dismissing a complaint with prejudice?

California, United States of America


The following excerpt is from Kim v. Kim, B249127 (Cal. App. 2014):

A trial court may dismiss a complaint with prejudice if it sustains a demurrer with leave to amend, the plaintiff does not file an amended complaint within the allotted time, and the defendant moves to dismiss. (Code Civ. Proc., 581, subd. (f)(2); Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330.) A dismissal on this ground is appealable

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