Legal Question in Civil Litigation in California

I filed a cross complaint along with my answer to an unlawful detainer. I am the defendant. I want to know how I can go about amending both the cross complaint and answer. Do I have to ask the judge for permission before I can amend it? I thought I can do it once without permission. My time was up so I hurriedly filed it, that's why.

Also, how many days before the trial date, do I have to amend the cross complaint and answer? (I mean do the mailing statues apply?

Thanks.


Asked on 5/09/11, 10:35 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You need court permission to amend once you have filed [a plaintiff has the right to amend once without permission as long as the complaint has not been served, but with a cross-complaint you have to file it with the answer and upon filing the answer you have made an appearance to give court jurisdiction over you and you can not file an amended answer without court permission- if the other side will stipulate to an amendment, include the stipulation with your motion and the court should grant it].

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Answered on 5/09/11, 10:58 am


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