What is the test for proving a defect can be cured by amendment?

California, United States of America


The following excerpt is from Melstrom v. Green Tree Servicing, LLC, B259105 (Cal. App. 2015):

defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)

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