Carlsbad, CA asked in Real Estate Law and Civil Litigation for California

Q: I am a plaintiff. I need to amend my lawsuit to add two additional defendants. How can I do this?

The matter concerns a surety bond. I want to join the surety as an additional defendant, as well as the principal on the bond. The original defendants have not been served because we cannot locate them.

1 Lawyer Answer
James Alan Greer
James Alan Greer
Answered
  • Boulder, CO
  • Licensed in California

A: Dear Plaintiff Needing to Amend Complaint: If there is no named defendant whom has filed an Answer to Complaint (which seems likely from my reading of your description) then you are allowed by the Code of Civil Procedure to file a "First Amended Complaint", and the court will accept the filing without additional filing fees, or a motion, or the like. Please note, however, that you will also need to file an "Amended Summons". After both the Amended Complaint and the Amended Summons has been issued by the court, you are free to serve the Surety and the Principal with these two documents.

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