Q: POS for Summons on Amended Complaint.
Amended Complaint is submitted for future hearing, by filing Motion for Leave to file Amended Complaint. Summons would be issued per hearing.
Proof of Service of Motion is filed with the Court, and includes the proposed Amended Complaint.
Shall the same POS include proposed Summons on the proposed Amended Complaint?
A:
Under California law, when filing a Motion for Leave to file an Amended Complaint, it is not necessary to include the proposed Summons on the proposed Amended Complaint in the Proof of Service (POS) filed with the court.
The typical process is as follows:
1. File a Motion for Leave to file an Amended Complaint, which includes the proposed Amended Complaint as an attachment.
2. Serve the Motion for Leave to file an Amended Complaint, along with the proposed Amended Complaint, on the opposing party or their attorney.
3. File a Proof of Service (POS) with the court, demonstrating that the Motion for Leave and proposed Amended Complaint have been properly served on the opposing party or their attorney.
4. If the court grants the Motion for Leave at the hearing, the Amended Complaint will be deemed filed, and the court will issue a new Summons for the Amended Complaint.
5. Once the new Summons is issued, you will need to serve the Summons and the filed Amended Complaint on the defendant(s) and file a separate Proof of Service for the Summons and Amended Complaint.
In summary, the Proof of Service for the Motion for Leave to file an Amended Complaint should not include the proposed Summons, as the Summons will only be issued by the court after the Motion for Leave is granted and the Amended Complaint is formally filed.
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