Legal Question in Civil Litigation in California

I am a pro per litigant in Northern California Civil Court. I need to add additional claims/actions and 15 more pages of pleadings. The Defendant has already demurred the original complaint.

Q. Can I "amend" the first complaint or should I just refile a whole new complaint? Is there something that is needed to end the first complaint?


Asked on 2/09/12, 10:08 pm

2 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

If the demurrer is sustanined the jdgse will noat likely give you the chance to amend, PROVIDING YOU FILE AN OPPOSITION AND REQUEST THAT IF YOU LOSE THE DEMURRER YOU WISH THE OPPORTUNITY TO AMEND, and cite the approrate statues saying that is your right. If you do not know how to do that, you should not be representing yourself,.

OR, if you have reviewed the demurrer, and found it valid, you can amend ONE TIME as of right, IF YOU ARE IN STATE COURT, which you left out. But the big lesson is, you are way over your head.

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Answered on 2/10/12, 10:39 am
Anthony Roach Law Office of Anthony A. Roach

You can amend once, as a matter of right, before the hearing on the demurrer. The amended complaint will cause the demurrer to become moot, and the defendant will have to demur again.

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Answered on 2/29/12, 10:16 am


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