When will a court grant leave to amend a motion dismissed for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Wakefield v. Global Fin. Private Capital, LLC, Case No.: 15cv0451 JM(JMA) (S.D. Cal. 2015):

Federal Rule of Civil Procedure 15 provides that courts should freely grant leave to amend when justice requires it. Accordingly, when a court dismisses a complaint for failure to state a claim, "leave to amend should be granted unless the court determines that the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency." DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992) (internal quotation marks omitted). Amendment may be denied, however, if amendment would be futile. See id.

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