Filing An Amended Complaint In California
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FAQ
An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.
(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.
The court usually grants these ?ex parte? ? the form is simply filed with the court without notice to the opposing party, and the judge signs and returns it. Once The Complaint Has Been Amended, Defendant Must Be Served ? The newly added defendant must be served like any other defendant.
Code of Civil Procedure §473(a)(1) provides that a court may, in furtherance of justice and on such terms as may be proper, allow a party to amend a pleading by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect. See also CCP §576.
