Legal Question in Real Estate Law in California

Re: Filing an Amended Complaint

How much time were you given in the first place? I think 20 days is fairly common, and if you were given 20 or 30 days and didn't get the job done, I think there is sufficient risk that the judge would not give you a further extension, adopting the view that 20 (or 30) days is substantial. Not every judge would be that tough.

My advice would be to drop whatever plans you had for the weekend and get it done. That's what a lawyer would have to do to avoid malpractice.

Asking for more time at the status conference could be a last resort if you are sure, at that time, you can't meet the deadline.

A lawyer could find ways to reduce the time to revise and compile an amended complaint, if he or she found it necessary. For example, if you are waiting for documents to attach as exhibits, omit them.

Re: Filing an Amended Complaint

I must agree with Attorney Whipple. The Court will not take into consideration the fact that you may have other plans between now and the 27th. Frankly, unless there is some other factor you have not disclosed, there is no reason you cannot have an amended complaint on file by Monday at 4:00pm. You are too late for a motion to extend time, and I don't see a basis for doing so. Asking on Monday is a very dangerous tactic, as the judge could dismiss your case for failing to comply with his order. 20-30 days is generally more than sufficient time. I've seen opposing counsel ordered to comply within 15 days, and a judge is generally going to take the position that there is no reason you (or an attorney) cannot work 24/7 between now and then to get it done. It would certainly not seem fair that you have to dedicate the next three days to this, but all a judge is going to care about is administration of your case, not your outside life - or so many of us attorneys have been told over and over again by judges.

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