What is the test for dismissing a motion under section 9(b) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from J&J Sports Prods., Inc. v. Sally & Henry's Doghouse, LLC, CASE NO. 13-CV-2924 W (JMA) (S.D. Cal. 2015):
2. Dismissals under 9(b) "should ordinarily be without prejudice" and the court should allow leave to amend "unless the district court 'determines that the pleading could not possibly be cured by the allegation of other facts.'" Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 2001) (quoting Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000)).
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