Los Angeles, CA asked in Gov & Administrative Law, Personal Injury and Medical Malpractice for California

Q: How amended complaint has to reflect current state of discovery. Calif. superior court

If complaint is amended prior to defendant's responses to discovery requests, how amended complaint has to reflect that responses are pending? California Superior Court.

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California Superior Court, when amending a complaint, it's important to consider the current state of discovery. However, an amended complaint does not typically need to explicitly reflect that responses to discovery requests are pending. The primary purpose of the amended complaint is to update or modify the allegations and claims based on new information or legal theories, not to track the progress of discovery.

If you amend your complaint before the defendant has responded to discovery requests, the amended complaint should focus on the substantive changes in your claims or allegations. It's not necessary to mention the status of discovery unless it directly impacts the claims or allegations in the amended complaint.

However, you should be aware that amending the complaint might affect the discovery process. For example, it may lead to additional discovery requests or necessitate modifications to existing requests. It's advisable to communicate with the defendant's counsel regarding the impact of the amended complaint on ongoing discovery.

As always, it's important to follow the California Code of Civil Procedure and local court rules when amending a complaint and conducting discovery. If you have specific concerns about how the amended complaint interacts with the discovery process, consulting with a legal professional can provide clarity and guidance. Remember, each legal situation is unique, and tailored advice is often necessary.

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