Legal Question in Civil Litigation in California

can I get a extension on my 30 days to admend my civil law suit for wrongful terniniation


Asked on 11/20/11, 9:31 am

3 Answers from Attorneys

Patricia Meyer Patricia Meyer & Associates

Usually if it's the first extension.... Contact other side to see if they agree. If so have all parties' counsel sign a stipulation and file with Court. If they do not agree ask court clerk for ex parte hearing.... Give proper notice to all parties ( make sure you know your local rules on notice) and appear before the court and ask the court.

It's completely up to Court's discretion but if there is a good reason most judges are fair.

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Answered on 11/20/11, 9:59 am
Anthony Roach Law Office of Anthony A. Roach

A party may amend their pleading, once, without leave, before the other party files an answer. If a party files a demurrer, this right to amend extends up to the eve of the hearing on the demurrer. In fact, in many cases, it is often better for the plaintiff to file an amended complaint, correcting obvious defects, than wasting time opposing a demurrer.

The thirty day period that you refer to is the standard time for a party to respond to a summons and complaint once service is complete. If you have not served the complaint at this time, you can just amend, and will need an amended summons. If you have served, you will need to contact the opposing parties as Ms. Meyer states.

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Answered on 11/21/11, 11:03 am


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