Q: can plaintiff make changes to any parts on a complaint with leave to amend to certain causes?
whenever court sustain a demurrer with leave to amend as to certain causes of actions demurred by one of the multiple defendants, for example 4th and 5th causes of actions on the complaint is sustained with leave to amend, does that mean plaintiff can ONLY makes changes to the 4th and 5th causes of actions? Or with that ruling, plaintiff can make changes to any parts on the entire complaint against any of the defendants?
A: You probably aren't getting responses to your question because it is almost impossible to answer that question with the limited amount of information given. You should sit down with an attorney and have a consultation to get more specific answers.
A: Probably. If the Court grants "Leave to amend." without any restrictions, there are no restrictions. If the Court grants "leave to amend the 4th and 5th causes of action" then those can be amended along with any Common factual allegations that are incorporated into the causes of action. Many judges say the former in the order but mean the latter and if there is a second motion to dismiss/or demurrer, they accuse the Plaintiff of engaging in "Sharp Practice." More information is needed for a more specific question. You should hire an attorney to assist you in any litigation of significance to you. You are swimming in shark infested waters.
Justia Disclaimers below, incorporated herein.
William John Light agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.