When a complaint is dismissed for failure to state a claim, is plaintiff permitted to amend?
MultiRegion, United States of America
The following excerpt is from Lee v. Washington State, 985 F.2d 573 (9th Cir. 1992):
When a complaint is dismissed for failure to state a claim, leave to amend should ordinarily be granted unless the complaint's deficiency could not possibly be cured. DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir.1992). We remand to the district court to determine whether plaintiff should be allowed to amend.
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