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