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Scott v. Romans6/22/2005
ry cannot amount to a cause of action under substantive law, there is no reasonable probability that plaintiff could state a cause of action if given the opportunity to amend yet again. Plaintiff makes no argument to the contrary. In fact, plaintiff concedes the point while seeming to ask for leave to amend. He submits that the "underlying evidentiary facts necessary to support theories of liability are already contained in the existing pleading" and a further amendment would "merely serve to correct any claimed technical deficiencies that may exist." As we have explained, the deficiencies are not technical but substantive. The trial court therefore did not abuse its discretion by denying leave to amend.
disposition
The judgment is affirmed.
WE CONCUR: Rushing, P.J., Elia, J.
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