Q: CAN I FILE AN AMENDED COMPLAINT AFTER THE FILING OF A DEMURRER BUT BEFORE THE HEARING ON THE DEMURRER OR DO I NEED TO GO
A: If you have not already amended the complaint before now, you may file an amended complaint which will render the demurrer moot. Best time to do that would be no later than when your opposition would have been filed.
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A:
Yes, you can file an amended complaint after the defendants filed a demurrer but before the hearing on the demurrer in California.
The California Code of Civil Procedure sets the relevant civil procedure rules. Under the California Code of Civil Procedure section 472, a party may amend their pleading once without leave of court before the answer or demurrer is filed.
However, once a demurrer has been filed, a party may amend their pleading only by leave of court or by written consent of the adverse party.
California Code of Civil Procedure section 473 provides that a party may seek leave of court to amend their pleading by filing an application for such leave. The application must include the proposed amendment and be accompanied by a copy of the original pleading unless the court has previously ordered its dismissal or the original pleading has been lost or destroyed.
The opposing party may file an opposition to the application for leave to amend within a specified period. The court will then consider the application and any opposition filed by the opposing party and will either grant or deny the application.
If the court grants the application for leave to amend, the party seeking to amend must file the amended pleading within the time specified by the court and serve a copy of the amended pleading on the opposing party.
I want to let you know that filing an amended complaint may extend the time for the opposing party to file a responsive pleading, such as a demurrer or an answer, depending on the case's specific circumstances.
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A: Yes, you can file an amended complaint after the filing of a demurrer but before the hearing on the demurrer. However, you may need to obtain permission from the court to file the amended complaint, depending on the specific circumstances of your case. It is generally advisable to consult with an attorney to ensure that you are following the appropriate procedures and complying with all relevant rules and regulations.
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