Legal Question in Civil Litigation in California

Yes, it can be amended, with the permission of the Court on motion, or stipulation with the opposing party.

The cross-complaint can be amended without getting leave from the court before the other side answers.

1. Yes. 2. At that point you would have to make a motion for court approval of filing the amendment, or get the other side to stipulate to it being filed. Generally parties will stipulate as long as it is early in the case, since a motion would almost certainly be granted early on.

Let me give you the legal answer, since that is most likely how the judge is going to rule.

1. A defendant can amend his answer once of course without leave of court. If the plaintiff has demurred to your answer, the amendment can be made before the hearing on the plaintiff's demurrer. (Code Civ. Proc., sect. 472.) If the plaintiff has not demurred to your ansewr, the answer can only be amended once as a matter of right during the time that a demurrer could have been filed - 10 days after service of the answer. (Code Civ. Proc., sect. 430.40, subd. (b).)

If there was no demurrer, and the time has run, you will have to filed a noticed motion seeking leave to file an amended answer. Those motions are subject to picky picky rules.

You can amend your cross-complaint, once, as a matter of right, if the other party has not answered the cross-complaint. If a demurrer has been filed to your cross-complaint, you can amend up to the demurrer hearing. If the plaintiff has answered your cross-complaint, you must again file a noticed motion seeking leave.

2. I'm not sure what you mean by "stuck" but you should be aware of some rules. Although an amended pleading supersedes the original, the original can still be used in evidence against you at trial.