Legal Question in Civil Rights Law in California

Hello, Bernard. I have a simple question I would like another opinion on.

I filed the first amended complaint on November 05, 2020. This was a year after the original complaint and after the defendant's answer.

As a matter of right, since it is my first amended complaint after the defendants answer and before a demurrer or motion to strike. I can file the amended complaint without leave of court?

Also are their any California case citing's for this situation?

I've heard multiple times that the first amended complaint or one amended complaint without leave is a matter of right.

Asked on 2/04/21, 1:34 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

A first amended complaint is only available as a matter of right before the defendant files its answer. Otherwise, you would need to file a motion seeking leave of court, describe the changes and why they are needed. Perhaps the other side would stipulate to your filing or accepting it as the first amended complaint that you could try to file with the motion.

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Answered on 2/04/21, 1:48 pm

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