This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
California Second Amended Complaint For Negligence - Assault By Physical Therapist - Jury Trial Demand
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US-000298
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FAQ
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
Califomia Rules of Court Rule 3.1324(b) requires that a declaration accompanying a motion for leave to amend must specify: "(1) the effect of the amendment; (2) Why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for ...
Because the jurisdiction of the court in which the action is pending over a defendant who has been properly served with summons continues throughout subsequent proceedings in the action (CCP §410.50), the plaintiff need not obtain an additional summons to serve on the defendant when the complaint is amended.
(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
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.
Motion for Leave to Amend Rules 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. Leave to amend a pleading may be sought at any time.