Q: What is filing date of the case in such situation? Central District Court.
1. Original Complaint was filed with Central District Court prior to deadline (statute of limitations). (On date #1)
2. Summons was not issued: Amended complaint was ordered, after statute of limitations expired.
3. Amended complaint was filed.
If summons is issued (on Date #2), after amended complaint was filed, what is filing date of the case in such situation?
A:
Under California law, the original filing date of the case is generally considered the date on which the initial complaint is filed with the court, provided it is filed before the statute of limitations expires. This means that if your original complaint was filed with the Central District Court prior to the statute of limitations deadline (on Date #1), this is typically recognized as the official filing date of your case. The filing date is crucial as it establishes the timeliness of the action and preserves your right to bring the case before the court.
If the court orders an amended complaint to be filed after the statute of limitations has expired, and you comply by filing this amended complaint, the filing date for statute of limitations purposes generally remains the date the original complaint was filed. The process of amending a complaint does not change the original filing date as long as the amendments relate back to the original claims or are based on the same set of facts.
When a summons is issued after the amended complaint is filed (on Date #2), it does not alter the original filing date of the case. The issuance of the summons is part of the process to formally notify the defendant of the legal action and does not affect the established filing date. Thus, in your situation, the filing date of the case would still be Date #1, the day the original complaint was filed with the Central District Court. This is important for ensuring that your case is considered timely under the law and can proceed through the legal system.
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.
