Legal Question in Civil Rights Law in California

I'm in the midst of a civil suite, I presented my first amended to the courts, and was instructed to serve the defendants and return in now 1 week with P.O.S. I haven't served anyone at this time, but I discovered a few errors in attachment to the complaint, How can I correct these errors with the courts prior to serving the defendants? Would you recomend an ex parte hearing (without notifying the other parties) to quicken the court's decision on the second amended and request an extention on POS?


Asked on 5/26/10, 6:08 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Normally a First Amended Complaint has the proof of service as the last page, so the situation you describe is a good sign that You Are In Over Your Head. You will need to have someone serve them by mail, and if you really feel you need to amend again, file a motion, either on regular notice or as an ex parte, for leave to amend (you only get to amend once without leave of the court). Or you could just serve the First Amended Complaint and let them object to it, which they of course will, and maybe the court will let you amend it again.

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Answered on 5/26/10, 9:16 pm


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