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?
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.
Related Questions & Answers
-
Can I subpoena a Judge/Referee as a witness in a civil suit? Asked 9/14/09, 8:56 pm in United States California General Civil Litigation