What is the test for dismissing a motion without leave to amend?
MultiRegion, United States of America
The following excerpt is from Kormylo v. Forever Resorts, LLC, CASE NO. 13-cv-511 JM (WVG) (S.D. Cal. 2015):
Federal Rule of Civil Procedure 15(a) instructs that leave to amend "shall be freely given when justice so requires." However, courts can dismiss without leave to amend if "the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency." Swartz v. KPMG LLP, 476 F.3d 756, 761 (9th Cir. 2007) (internal quotation marks omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Does a motion for habeas corpus have to be dismissed without leave to amend? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
Does a district court err in denying a motion to amend a motion where the amended complaint would be subject to dismissal? (MultiRegion, United States of America)
Can a motion to amend a claim be dismissed with leave to amend? (MultiRegion, United States of America)
Is there any case law supporting a motion to amend the terms of a motion for leave to amend? (MultiRegion, United States of America)
