Legal Question in Civil Litigation in California

I filed a motion to amend and it was denied. Can I file another one or corrected one in San Diego, CA?

The reasons stated is as follows:

MOTION TO AMEND COMPLAINT by plaintiff Nelson O'Riley is DENIED.

Plaintiff delayed until the eve of trial and after defendant filed a Motion for Summary Judgment to request leave to amend to add at least 6 causes of action that appear to be based on actions that occurred in 2008-2009. Plaintiff has not provided a satisfactory explanation for the delay. Further, plaintiff has not provided the court with a proposed amended complaint. (CRC Rule 3.1324(a) and (b)). The proposed amendment was not in proper form and there has been unwarranted delay. (See Record v. Reason (1999) 73 Cal.App. 4th 472, 486)

Can I resubmit pursuant to CCP � 576? If so, how do I do this? Do I do a motion for a second amended complaint?

Additional information

Trial Readiness Conference is this Fri., 5/14/10.

Trial Date is 6/11/10.

I have the following docs now:

1. Declaration

2. Memo P&A

3. Separate Statement (although what is this suppose to entail?)

4. Amended Complaint

5. Order


Asked on 5/13/10, 10:04 am

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

I'm stunned that you waited so long to seek legal advice. All the time that you waited, you apparently represented yourself, and it sounds like you are doing a poor job of it. I wonder if you also do your own surgery, and then at the last minute beg the doctors to save you? You waited to long to amend your complaint to add new causes of action. Filing a new motion that was previously denied is simply a motion for reconsideration by another name. You need to comply with Code of Civil Procedure section 1008 or you could be sanctioned.

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Answered on 5/18/10, 10:42 am


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