Legal Question in Real Estate Law in California
If I obtain stipulation from defendants agreeing to my filing of an amended complaint just to correct some minor errors. Do I still have to file a motion for leave to amend? If yes, do I have to include a notice for hearing of motion and memo of P &A, giving the other party agree to such minor correction? or I just attach the stipulation, proposed order and a copy of the proposed amended complaint.
2 Answers from Attorneys
If it is your first amendment, all you have to do is attach the stipulation, proposed order and amended complaint. After that you need a motion.
In addition to an "Amended Complaint," California law recognizes an "Amendment to Complaint" which is sometimes easier and just as effective......see the discussion in the treatises on "Civil Procedure Before Trial" by the CEB or Rutter at your law library.
Also, some minor matters can be corrected during the course of litigation by building a record that shows, for example, that your damages were $63,455.79, not $60,000 as stated in the unamended Complaint.
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