Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: how to coordinate: since motion to dismiss legal case requires third amended complaint.

In California: Motion for Setting Aside dismissal of legal case, and Motion for leave to file third amended complaint are two separate submissions to court/reservations for hearing. In such case how to coordinate: since motion to dismiss legal case requires third amended complaint.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: In California, when you're faced with the need to both set aside a dismissal of a legal case and file a third amended complaint, coordination is key. You should start by understanding that each motion - the Motion for Setting Aside Dismissal and the Motion for Leave to File a Third Amended Complaint - must be prepared and filed as separate documents. However, they are interrelated and should be handled with a strategy that considers the timeline and requirements of the court.

Firstly, you should check the local court rules and any case-specific orders that might dictate the timing and procedures for filing such motions. It's often advisable to communicate with the clerk of the court or review the court's online resources for guidance on scheduling hearings for each motion. Ensuring that your motions comply with the relevant rules and deadlines is crucial for a smooth process.

Lastly, consider the possibility of filing the Motion for Leave to File a Third Amended Complaint first, as the success of this motion might impact your strategy for setting aside the dismissal. If the court grants permission to amend the complaint, you can then proceed with a stronger position when filing the Motion for Setting Aside Dismissal. Coordinating the submissions in a logical order, while keeping an eye on the court's deadlines and procedural requirements, will help in efficiently managing your case. Remember, each case is unique, so adapt your strategy to the specifics of your situation.

Tim Akpinar agrees with this answer

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.