What is the DOE amendment 474?

Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants "when the plaintiff is ignorant of the name of a defendant" at the time the complaint is filed.

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California Amendment To Complaint (CCP 473-474)

Ccp 474

Name: California Amendment To Complaint (CCP 473-474)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.57 (382 reviews)

Category:

California Local County - Sacramento - Unlawful Detainer

State:

California

Control #:

CA-SKU-2914

Format:

Instant download

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Description

Amendment To Complaint (CCP 473-474) California Amendment To Complaint (CCP 473-474) is a form of relief available to a plaintiff in a civil lawsuit under the California Code of Civil Procedure. This form of relief allows a plaintiff to make changes or add additional claims to their complaint after it has been filed with the court. CCP 473-474 provides for three types of amendments: 1) a voluntary amendment (CCP 473); 2) an amendment to conform to the evidence (CCP 474); and 3) a compulsory amendment (CCP 475). A voluntary amendment allows a plaintiff to make changes to their complaint before the court has had a chance to hear the case, while an amendment to conform to the evidence allows a plaintiff to make changes in order to conform to the evidence presented during the trial. A compulsory amendment is an amendment that must be made, either at the demand of the court or the opposing party, and must be made even after the court has heard the case.

California Amendment To Complaint (CCP 473-474) is a form of relief available to a plaintiff in a civil lawsuit under the California Code of Civil Procedure. This form of relief allows a plaintiff to make changes or add additional claims to their complaint after it has been filed with the court. CCP 473-474 provides for three types of amendments: 1) a voluntary amendment (CCP 473); 2) an amendment to conform to the evidence (CCP 474); and 3) a compulsory amendment (CCP 475). A voluntary amendment allows a plaintiff to make changes to their complaint before the court has had a chance to hear the case, while an amendment to conform to the evidence allows a plaintiff to make changes in order to conform to the evidence presented during the trial. A compulsory amendment is an amendment that must be made, either at the demand of the court or the opposing party, and must be made even after the court has heard the case.

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FAQ

Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants "when the plaintiff is ignorant of the name of a defendant" at the time the complaint is filed.

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.

Amending a complaint or other pleading in California is authorized by the provisions of Code of Civil Procedure sections 473(a) and 576 which both state in pertinent part that a court may, in the furtherance of justice allow a party to amend any pleading on any terms as may be proper.

A pleading may be amended ?once by the party of course, and without costs, at any time before the answer or demurrer is filed,? or before the hearing on the demurrer. Amendment is made by filing the pleading as amended and serving a copy on the adverse party.

Timing. An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading.

CCP Section 473 permits the trial court to 'relieve a partyfrom a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.

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.

More info

No information is available for this page. Amendment To Complaint (CCP 473-474) Form.This is a California form and can be use in Sacramento Local County. Third Amended Complaint under CCP § 473 and 474 is set for hearing on May 16, 2022. The court makes no ruling on that motion now. Background. The Court grants plaintiff's motion for leave to file a fourth amended complaint. Proper cause appearing, the above amendment to the cross-complaint is allowed. A copy of the new notice, along with the amended complaint, should also be served on the original parties. 10(a)"; and (2) "The First Amended Complaint fails to state facts sufficient to constitute a cause of action. Complaint submitted with this Motion be deemed filed. 2.

Ccp 474

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