Legal Question in Civil Litigation in California

If an ammendment is filed after the DOE ammendment has been approved and served, will the amendment be denominated as First or Second amendment ?


Asked on 9/05/11, 2:27 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Naming the true name of the DOE defendant does not change the status of the Complaint; so when you amend the complaint itself it would be the first amendment.

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Answered on 9/05/11, 6:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You have asked a great many questions about your case in just the past couple of weeks. It's clear that you are in over your head. There's nothing wrong with that; most laypeople wouldn't know what to do any more than you do. But there is something wrong with coming to this site every time you come up with a question you can't answer on your own.

LawGuru is not here to replace the services of an attorney. If you aren't going to hire one -- whether because you can't afford to or simply because you don't want to -- then you need to learn more about the system by other means. You will have hundreds of questions between now and the end of your case, assuming that it doesn't come to a screeching halt soon due to errors you have already made. If you plan to just post all of them here, you should re-think your plans.

I'm not trying to discourage you from litigating your case. I'm just saying we are no substitute for either a lawyer of your own or some serious study.

Good luck.

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Answered on 9/05/11, 8:54 pm
Anthony Roach Law Office of Anthony A. Roach

It will be the First Amended Complaint. I take it from Mr. Hoffman's response that you were the person trying to find out how to oppose the demurrer, who did not oppose the demurrer, and I take it now that the demurrer was sustained, last week, with leave to amend.

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Answered on 9/06/11, 3:00 pm


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