Legal Question in Civil Litigation in California

Can new and different causes of actions be added when amending the complaint ( so long as they're within the S.O.L. or relate back) after defendant files/serves demurrer, and before the court rules on the demurrer on the original and other cause of action? or does plaintiff have to seek leave to amend to add new causes of actions.


Asked on 6/27/15, 6:10 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

There is no rule prohibiting the addition of different causes of action in an amended complaint. You may need to seek leave to amend if you have already amended your complaint once or if time has already run for you to file an amendment without leave. You should check the Code of Civil Procedure if you are in state court, or the Federal Rules of Civil Procedure if you are in federal court.

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Answered on 6/28/15, 3:32 am


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