Legal Question in Administrative Law in California
Amending Complaint
I am a plaintiff in pro per in a civil lawsuit. The judge has already set a MSC and a trail date for next year.
Due to issues that have come to my attention, I want to amend my complaint. Is it too late to do so?
Thank you for your time.
3 Answers from Attorneys
Re: Amending Complaint
You need to serve and file a noticed motion.
Re: Amending Complaint
Its not too late, though you may want to check and see if you signed a "no amendments" at the cmc, and even then it is not too late to file a motion.
Re: Amending Complaint
A complaint can be amended right up to trial with the court's permission, and occasionally the judgment can conform to proof at trial without even the necessity of amendment, but the closer you get to trial the less likely the judge is to permit amendment because it becomes incrreasingly unfair and prejudicial to the defendants, who may already have used up their opportunities to do discovery, etc.
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