Legal Question in Civil Litigation in California

Amendment To Complaint or First Amended Complaint

I understand that a Plaintiff may file a First Amended Complaint once anytime before service of process. If errors are discovered in the First Amended Complaint may a Plaintiff file an amendment to First Amended Complaint and then serve the entirety or would a Plaintiff have to file a leave to file amendment to First Amended Complaint with the Court. Thanks


Asked on 10/02/05, 7:41 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Amendment To Complaint or First Amended Complaint

In actuality, you can file a FAC at anytime before the other side answers. However, if the defendant has an attorney, perhaps you and the attorney can sign a stipulation seeking a court order permitting you to make the amendments. That way, you don't have to go through the hassle of setting a hearing.

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Answered on 10/02/05, 9:55 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Amendment To Complaint or First Amended Complaint

Dear Christopher:

The so-called "first amendment of right" only applies to the First Amendment/Complaint before a party responds. With a 2nd amended complaint, that needs to be done by motion and or via stipulation of opposing party.

Sincerely,

Mark Geyer

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Answered on 10/03/05, 2:02 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Amendment To Complaint or First Amended Complaint

Not without leave of court. That's why you need an experienced attorney... To prevent malpractice on yourself.

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Answered on 10/02/05, 8:25 pm


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