It's not equivalent, but similar, to a demurrer sustained without leave to amend. If you want to propose another amendment to the complaint, you'll have to bring another motion. The court has already ruled on this one.
If the missing cause of action is that important, and you are not close to any statute of limitations issues, you may want to consider requesting to dismiss the complaint without prejudice and starting over.
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If you previously filed a motion to amend based upon the same claim and the judge denied the motion to amend, you most likely will not be successful if you bring another similar motion.
I agree generally with Mr. Smith, but there are occasions when it is OK to make a second motion for leave to file an amended complaint containing a new cause of action that you previously proposed. If the court denied you leave because the allegations in the proposed cause of action failed to state a claim, you might be able to bring the motion again in good faith if you learn of additional facts to allege that would overcome the deficiency.
But if the court denied you leave to amend because it felt you were bringing the motion too late in the proceedings or there are other facts that would prejudice the defendant from your timing of the motion, it is quite unlikely that you could bring the motion again with any expectation of success, because that prejudice is likely to grow worse with time.
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
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