Legal Question in Civil Litigation in California

A civil complaint may be amended once, without leave of court, even if an answer has been filed. After there is one amendment, leave of court is required, even if the parties stipulate to a subsequently filed amended complaint.

Each time an amended complaint if served, the defendant must answer, even if the answer and affirmative defenses have not changed.

A tip: Each time an amended complaint is served, the defendant can answer, but the defendant can demurrer, move to strike or take other actions against the new pleading.

No, I disagree with Mr. Saltzman. A party has the right to amend its pleadings one, without leave of court before defendant's answer is filed. "Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed form the date of notice of the amendment." (Code of Civ. Proc., sect. 472.)

After an answer is filed, a plaintiff requires leave of court to file an amended pleading. The clerks should have never accepted the amended complaint for filing.

The ball is in your court now. You may either move to strike the amended complaint on the grounds that the plaintiff was not given leave to amend, or you can waive the defect and file a new answer to the amended complaint. Your failure to either will allow the plaintiff to take your default.

Roach is entirely correct on this one. Once an answer is filed, leave of court is required to file an amended complaint. The same is true if a demurrer is filed and heard, even if the court has not yet ruled on it.

Interesting. Mr. Roach is entirely right. I disagree with Mr. McCormick.

I mispoke about the responses. You may amend, without leave of court, until the defendant has ANSWERED.

If the defendant has demurrer, you may still amend, once, without leave of court.