Legal Question in Civil Litigation in California
In an Unlimited Civil (Defamation) case, my original complaint only has 2 causes of actions. Defendant (an H.O.A.), has filed a demurrer to both causes of actions, and a Demurrer hearing is on calendar.
I know I can amend my original complaint (without leave of court) anytime before the hearing.
My question is: If I amend my original compaint (days before the court hearing), can I add 3 new causes of actions (now making the First Amended Complaint, having a total of 5 causes of action), or do I need leave of court to add the 3 new causes of actions, since defendant only filed a demurrer to the first 2 causes of actions.
2 Answers from Attorneys
There is no rule against you adding causes of action to an amended complaint. If you do not need leave of court to amend, then you can add as many causes of action as you like without obtaining leave of court.
I agree with Mr. Perry. But watch out for statutes of limitation. Some or all of your new claims may be time-barred even if your original claims are not. In some instances, a new claim in an amended complaint will "relate back" to the original complaint, and will be treated as if it was part of the original filing for limitations purposes. I have no idea whether you have a limitations problem or whether your new causes of action would relate back. This is something you may want to discuss with counsel before you proceed.
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