amend wrongful foreclosure and pleading anew complaint in order to attach copy of In deciding whether the trial court letter allegedly amending abused its discretion in denying leave forbearance agreement, as, in light of to amend, the appellate court must failure to attach letter to borrower’s decide whether there is a reasonable complaint or to opposition to bank’s possibility the plaintiff could cure the demurrer, there was no reason to defect with an amendment; if the believe that letter constituted an court finds that an amendment could amendment to the agreement and cure the defect, it concludes that the thus borrower failed to carry her trial court abused its discretion and burden to demonstrate reasonable reverses, but if not, no abuse of possibility that she could cure the discretion has occurred. defect in the complaint. 22 20 Appeal and Error Appeal and Error Review Review Presumptions Discretion of Lower Court Burden of showing error Amended and Supplemental Pleadings Additional or supplemental pleadings and withdrawal On appeal from a judgment denying and pleading anew leave to amend, the plaintiff has the For purposes of deciding whether the burden of proving that an amendment trial court abused its discretion in would cure the defect in the denying leave to amend, a showing complaint. that the complaint can be amended to state a cause of action need not be made in the trial court so long as it is made to the reviewing court. 23 21 Estoppel Equitable Estoppel Grounds of Estoppel Appeal and Error Representations Review Future events; estoppel promissory Discretion of Lower Court Mortgages Amended and Supplemental Pleadings Wrongful Foreclosure Additional or supplemental pleadings and withdrawal In general
amend wrongful foreclosure complaint in order to attach copy of letter allegedly amending forbearance agreement, as, in light of borrower’s failure to attach letter to complaint or to opposition to bank’s demurrer, there was no reason to believe that letter constituted an amendment to the agreement and thus borrower failed to carry her burden to demonstrate reasonable possibility that she could cure the defect in the complaint. 20 Appeal and Error Review Discretion of Lower Court Amended and Supplemental Pleadings Additional or supplemental pleadings and withdrawal and pleading anew For purposes of deciding whether the trial court abused its discretion in denying leave to amend, a showing that the complaint can be amended to state a cause of action need not be made in the trial court so long as it is made to the reviewing court. 21 Appeal and Error Review Discretion of Lower Court Amended and Supplemental Pleadings Additional or supplemental pleadings and withdrawal and pleading anew In deciding whether the trial court abused its discretion in denying leave to amend, the appellate court must decide whether there is a reasonable possibility the plaintiff could cure the defect with an amendment; if the court finds that an amendment could cure the defect, it concludes that the trial court abused its discretion and reverses, but if not, no abuse of discretion has occurred. 22 Appeal and Error Review Presumptions Burden of showing error On appeal from a judgment denying leave to amend, the plaintiff has the burden of proving that an amendment would cure the defect in the complaint. 23 Estoppel Equitable Estoppel Grounds of Estoppel Representations Future events; promissory estoppel Mortgages Wrongful Foreclosure In general
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