Q: Can I add a cause of action to a california federal court case?
I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court.
Thanks for reply
A:
In a case where your lawsuit, initially filed in the Superior Court of Los Angeles, has been removed to a federal court, you still have the option to amend your complaint, which can include adding a new cause of action. However, it's important to consider the Federal Rules of Civil Procedure, particularly Rule 15, which governs amendments.
Under Rule 15, you are generally allowed to amend your complaint once as a matter of course within 21 days after serving it, or within 21 days after the service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier. If this period has passed, you will need the opposing party's written consent or the court's permission to amend the complaint.
When seeking the court's permission, it's essential to show that your proposed amendment is justifiable. Factors like the timing of your request, the reasons for not including the new cause of action initially, and the potential impact on the ongoing proceedings will be considered. The court will also assess whether the amendment would cause undue delay, prejudice the opposing party, or be futile.
Remember, each case is unique, and the specifics of your situation will greatly influence the decision. It's advisable to consult with legal counsel to evaluate the best course of action based on the details of your case.
David H. Relkin agrees with this answer
A: The question is whether you can assert your (new) cause of action in Federal Court. You could assert a cause of action that does not raise a cause of action that could deprive the federal Court of jurisdiction. Counterclaims are compulsory in federal court if they arise out of the same "transaction or occurrence" that is the subject matter of the opposing party's claim, and do not require adding another party over whom the court cannot acquire jurisdiction. It does not require adding another party over whom the court cannot acquire jurisdiction. An exception is when the other claim was the subject of another pending action, then you do not need to assert it as a compulsory counter-cross claim. This can be complex and you should consult counsel.
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.
