Amendments For Us In Contra Costa
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(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an ...
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
It means that since the original judgment of conviction was filed, something has changed. Such amendments may be the result of procedural errors, newly uncovered evidence that could shift the outcome of a trial, or a successful appeal where a higher tribunal mandates a modification of the ruling.
Complaints are amended to correct facts, add new causes of action (bases for the lawsuit), substitute discovered names for persons sued as "Does," or to properly plead a cause of action (the legal basis for suing) after the court has found the complaint inadequate.
CCP § 472. Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.
Documentary transfer tax is collected on every transfer of property, unless there is a valid exemption listed. County transfer tax is computed on the full value of the property. Any amount over $1.00 must be rounded up to the nearest $500 for the Countywide Documentary Transfer Tax.
The Contra Costa County Vital Registration Office is able to provide certified copies for deaths occurring this year and last year in Contra Costa County. Deaths that occurred prior to that may be obtained from the Clerk-Recorders Office at 925-335-7900 or on the County Clerk website.
The Contra Costa ADU And Zoning Laws Under AB 68, municipalities are required to approve an ADU up to 1,200 square feet and a JADU up to a maximum of 500 square feet. For multi-family lots, up to 2 detached ADUs will be permitted, as well as multiple ADUs attached to the existing multifamily structures.
Unless the defendant(s) agrees in writing that you can file an amended complaint, you must ask the judge for permission to amend by filing a motion to amend the complaint and attaching a copy of the proposed amended complaint to your motion.
- An amended complaint adds to, clarifies, or changes the allegations in the original complaint. Even if new defendants are not named, it is still considered a new pleading that needs to be served on the existing defendants. - Issuing and serving a summons is what gives the court jurisdiction over the defendants.
