Legal Question in Civil Litigation in California

i filed a motion to amend my civil un limited complaint but failed to include a copy of proposed amended complaint , motion was denied because of rule 3.1324, what to do next for amending the complaint, it was requested that proposed copy will be filed prior to hearing, but when i wanted to file the said proposed copy before hearing but the court clerk refused to accept it for filing.

Asked on 8/20/11, 1:06 pm

5 Answers from Attorneys

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

If you don't know what you're doing, why are you filing papers in the superior court?

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Answered on 8/20/11, 1:11 pm

George Shers Law Offices of Georges H. Shers

They probably said to sent the other side a copy before the hearing. The clerk can not file the amended complaint without the court's approval.

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Answered on 8/20/11, 1:13 pm
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Just start over. File the motion for leave to amend the Complaint with the proposed Amended Complaint.

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Answered on 8/20/11, 1:26 pm
Anthony Roach Law Office of Anthony A. Roach

The clerk has no authority to accept an amended complaint after the other party has answered, unless the judge has given you leave to do so. You need to file the motion again, and this time make sure you follow all of the rules, including attaching a copy of the proposed amended complaint as an exhibit.

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Answered on 8/20/11, 1:42 pm
Joel Selik

If you tried to file the Amended Complaint with the motion you filed, but did not attach or lodge as an Exhibit, it would be rejected for filing. You can file a Motion to Amend again, and include the proposed amended complaint as an attachment.

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Answered on 8/21/11, 9:27 am

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