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.
5 Answers from Attorneys
If you don't know what you're doing, why are you filing papers in the superior court?
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.
Just start over. File the motion for leave to amend the Complaint with the proposed Amended Complaint.
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.
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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