Legal Question in Civil Litigation in California

Filing an answer to amended complaint

I am a plaintiff in pro per. I had filed the proper motions asking the court to grant me a leave to file an amended complaint. The defendant did not raise an objection and the judge granted me the leave now. Here are my questions:

1) After filing the amended complaint with the court, do I need to have it served on the defendant? When I had filed the motions with the court, I had a copy of the amended complaint served on the defendent.

2) Will the defendant have to file an answer/demurrer to my amended complaint from the date I had originally sent him a copy of the amended complaint along with copies of my motions, OR, from the date I file the amended complaint with the court and have a copy served on him?

Thank you.


Asked on 1/28/08, 12:57 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Filing an answer to amended complaint

The complaint attached to your motion was a proposed amended complaint. You need to file the amended complaint and then serve him with the amended complaint. After serving the amended complaint the defendant then has 30 days to answer.

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Answered on 2/02/08, 6:04 pm


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