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Wheeler v. Avalonbay Communities11/22/2002
Neither did the trial court abuse its discretion in denying leave to amend. Plaintiffs sought such leave in order to eliminate the personal injury claims which they recognized were inconsistent with class action status. The court responded to that request, as follows: "The Court seriously considered Plaintiffs' request that they be allowed leave to amend to replead their class allegations; the Court finds that no amendment will cure the problems and Plaintiffs can never realistically prove community of interest in law and facts concerning liability and causation, either as to the personal injury cause of actions or the remaining cause of actions." Thus, the court ruled that, even without the personal injury causes of action, the complaint failed as a class action. And indeed, we have reviewed the complaint as if there were no claims for personal injuries. Consequently, the trial court properly concluded that leave to amend would not cure the defects of the complaint.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
GRIGNON, Acting P.J.
MOSK, J.
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