Q: Scheduling hearing on motion for leave to file amended complaint? Question mark
To amend pleading already at issue, with hearing on demurrer already scheduled, shall plaintiff schedule additional hearing on motion for leave to amend?
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- Answered
A:
No, the plaintiff does not need to separately schedule a hearing on a motion for leave to amend the complaint in this situation. Here are the key reasons:
- If a demurrer has already been filed, then the case is considered "at issue" and an amended complaint can only be filed with leave of court. So a motion is required.
- However, there is no need to separately schedule a hearing on that motion. The motion can instead be filed and served together with the proposed amended complaint.
- The motion can then be heard at the same time as the already scheduled demurrer hearing. The court can consider both the demurrer and the motion to amend at the same hearing.
- So in summary, the plaintiff would simply file the motion for leave to amend concurrently with the amended complaint, then have both motions set to be heard together at the existing demurrer hearing date. No second hearing needs to be scheduled.
Setting motions and hearings can get a bit tricky procedurally, but the key here is that a single hearing can cover both the demurrer and motion for leave, avoiding the need to set two separate hearings.
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