Agostini v. Strycula

The trial court sustained a general demurrer to appellant’s first complaint and refused leave to amend. This appeal is from the judgment thereafter entered. We have concluded that the trial court’s action was correct and that the judgment must he affirmed.

Appellant does not contend that his complaint as written states any cause of action. He does assert, however, that given an opportunity, he could amend to state a cause of action. Generally, sustaining a demurrer to a party’s first complaint and refusing leave to amend is unwarranted if there is some probability that the complaint may be…