Legal Question in Civil Litigation in California

Is the Plaintiff allowed to file a First Amended Complaint after the original is filed but before it has been served??? If so, is a motion required??? Thanks!


Asked on 1/27/14, 4:07 pm

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Yes can file First amendment, anytime before defendant first answers. No motion needed.

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Answered on 1/27/14, 4:12 pm
Kristine Karila Law Office of Kristine S. Karila

If there is not service or answer yet, yes. Just file the Amended Complaint. You don't need leave/permission to file it since it has not been answered yet. After an answer - you need a motion to amend.

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Answered on 1/27/14, 4:32 pm
Anthony Roach Law Office of Anthony A. Roach

An amended complaint can be filed at any time before the defendant answers the original complaint or before the hearing on any demurrer to the original complaint. If you have not serve the complaint yet, you are going to need a new summons, called a "summons on first amended complaint."

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Answered on 1/28/14, 12:38 am


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