Discovery
Civ-Pro
Case Summary |
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P0941 Although it is generally an abuse of discretion for a trial court to sustain a demurrer without leave to amend if plaintiff shows a reasonable possibility that defects in the complaint can be cured by amendment, such defects cannot be cured by way of an amended complaint that simply omits problematic facts or pleads facts inconsistent with those previously alleged.CitationBANIS v SERRANO (Inconsistent Amendment) 134 CA4 1035 [See: B&PC 7031, 7045, 7052, 7026; Hendy v Losse 54 C3 723] |
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Finz Case Law Summaries (Finz Advance Tapes)
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