Legal Question in Business Law in California

1. A complaint can be amended without leave of court before the defendant answers.

2. The answer to your question regarding service depends on where the defendant is located and where the action is pending.

1, A complaint may be amended once without leave of court at anytime before the defendant answers or the court holds a hearing on a demurrer.

2. If the defendant has not appeared, you will have to get a new summons issued on the First Amended Complaint. (You have to type in the words "on First Amended Complaint" on the summons form next to the word "Summons.") You then are subject to the same rules of service as the original complaint. Which means you cannot serve by mail unless you get the defendant to sign what is known as an acknowledgement of receipt in lieu of service.

As far as Question #2 goes, I prefer Mr. Roach's answer, which I believe accurately states the law.

1. The plaintiff can file an amended complaint without leave of court if the defendant has not yet filed either an answer or a demurrer. If the defendant has filed a demurrer, the plaintiff may still file an amended complaint without leave at any time before the hearing on the demurrer.

2. If the defendant has already appeared in the case, the plaintiff may serve her by mail. If she hasn't, then he is subject to the same rules that applied the first time around. That doesn't necessarily require personal service, and personal service does not have to be performed by a registered process server. The rules are too complex to detail here.

1. Yes.

2. It technically has to be personally served, but if you hear from opposing attorney, you can get an agreeement to mail serve, or simply wait until they answer the original complaint to serve.