Legal Question in Personal Injury in California

Do I need to ask judge or file a motion to amend complaint after the other party filed demurr for a PI case?

Asked on 12/14/22, 2:51 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Not if you have not amended before, AND you file the amended pleading before the hearing on the demurrer. Cal. Code of Civil Procedure section 472 provides in part: (a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer.

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Answered on 12/15/22, 8:58 am

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