Legal Question in Consumer Law in California

Amended Complaint without leave of court

Hello, you help would be appreciated.

Can an amended complaint be filed, by a plaintiff without first permission or leave from the court?

I was reading some California court rules for civil cases and what I think are statutes which says that amended pleadings (a complaint is a pleading, right?) must be given ''leave of court.''

Can anyone help and clarify?

Thank you.


Asked on 4/20/08, 2:22 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Amended Complaint without leave of court

Until the defendant answers, you may amend once without leave of court. This includes while a demurrer is pending.

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Answered on 4/20/08, 2:37 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Amended Complaint without leave of court

If the defendant has not yet answered, then one amended complaint can be filed and served. If the defendant already has been served with the original complaint, then the amended complaint may be served by mail to the defendant at the same address.

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Answered on 4/20/08, 2:38 pm


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