When will a court grant leave to amend or dismiss a complaint for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Maurer v. Int'l Bhd. of Elec. Workers, 200 F.Supp.3d 1052 (S.D. Cal. 2016):

In the case of a pro se plaintiff, the court is to construe the complaint with even greater liberality than it would formally drafted pleadings. Hughes v. Rowe , 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980).

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 pleadings could not possibly cure the deficiency." DeSoto v. Yellow Freight Sys., Inc. , 957 F.2d 655, 658 (9th Cir.1992) (internal quotations marks omitted). Amendment may be denied, however, if amendment would be futile. See id.

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