Legal Question in Civil Litigation in California
Can I submit an addendum to an amended complaint, for another cause of action, without having to do an amended complaint?
Can it be filed on the same day of a demurrer hearing?
Asked on 3/06/12, 5:37 pm
2 Answers from Attorneys
No. If you already have filed an amended complaint, you must obtain court consent to file a further amendment or a second amended complaint. And amendments to complaints are highly disfavored. Second and even third amended complaints are far preferable to amendments to amended complaints. The court wants the pleading in one document.
Answered on 3/06/12, 5:47 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree. You need leave. I suggest in your opposition papers, and at the hearing, that you request leave. It is also a really good idea for you to consult with an attorney.
Answered on 3/07/12, 8:36 am
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