Legal Question in Civil Litigation in California

Is there is time limit on serving a party named once a complaint is filed in Superior Court? Does a plaintiff get to amend a complaint as a matter of right if a defendant has not yet been served after a complaint is filed?


Asked on 9/15/09, 1:31 am

1 Answer from Attorneys

There are time limits for serving and filing a proof of service. They vary by court. The penalty for not complying, though, is generally a scolding by the judge, as long as you get them served before the first Case Management Conference.

Yes there is a right to one amendment before service, or even after service as long as no defendant has filed a response. Even once a response is filed, leave to amend is so liberally granted that no defendant in their right mind refuses to stipulate to the amendment, unless there is a flaw in the complaint that is so fatal it could end the case, such as if a cause of action was left out and the statute of limitations ran out between the filing the first complaint and the request for a stipulation to amend.

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Answered on 9/15/09, 2:10 am


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