Legal Question in Civil Litigation in California

I am awaiting the judges decision on a demurrer which was filed against my cross-complaint. I would like to add a complaint to the original, must I wait for the judges decision? Once I have the courts findings and presumming i am given the opportunity to amend, can i add a new complaint at that time? The new complaint is very important to the case and ties the other 5 pleadings together. I am approaching the 90 day mark since the hearing on the demurrer and the trial date is approaching fast. Getting worried about all the time wasted already, any steps that can be condensed would be very helpful to know.


Asked on 2/04/11, 9:08 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Generally, when a demurrer is sustained with leave to amend, the leave to amend is to the cause of action that was subject to demurrer. Leave is not usually construed to include adding new parties to the action. (People v. Clausen (1st Dist. 1967) 248 Cal.App.2d 770.) To be on the safe side, you should have requested leave to add a new cause of action during the demurrer hearing, or at least in your papers opposing the demurrer. You may have a tough road to hoe now.

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Answered on 2/06/11, 7:10 pm


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