What is the test to establish an abuse of discretion in denying leave to amend?
California, United States of America
The following excerpt is from Borhan v. Bassis, B282789 (Cal. App. 2019):
In order to establish an abuse of discretion in denying leave to amend, appellant must show "'a reasonable possibility that the defect[s] can be cured by amendment.'" (Berryman v. Merit Property Management, Inc. (2007) 152 Cal.App.4th 1544, 1550.) Appellant sets forth no facts showing that he can cure the defects in the complaint. Thus, appellant cannot plead viable claims. The trial court did not abuse its discretion in so holding.
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The judgment is affirmed. Each side to bear their own costs of appeal.
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