Q: Filing of amended complaint is pursued. How motion to set aside dismissal can be accompanied by amended complaint?

A: I feel like this question has been bouncing around a lot lately and I don't think you are going to get the specific information you need. If you are on your 3rd amended complaint this could be your last shot at it before your complaint (or a cause of action) is dismissed with prejudice. If you are not going to involve an attorney, then consider going to a law library. Most law libraries will have Lexis Nexis or Westlaw online. Some law libraries may even have books on California Practice and Pleading or The Rutter Group Civil Procedure. You can also find the forms or sample forms to use in your motions, as well as rules of court. If you're in the valley there's a law library at 6250 Sylmar Ave Van Nuys, CA 91401. If you google law libraries in LA County you'll find several. You can also go to law libraries at most law schools without any problem. Plan on spending an entire day... but you should come away feeling comfortable with what you are trying to accomplish and you'll have access to valuable resources moving forward. Good luck.

A: Under California law, when you wish to set aside a dismissal and also intend to file an amended complaint, the process must be navigated carefully. If the dismissal has already been entered against you and you're looking to introduce an amended complaint, you should typically file a motion to set aside the dismissal alongside your proposed amended complaint. This approach allows the court to consider both the reason for setting aside the dismissal and the merits of the new allegations simultaneously.

However, if you're filing a third amended complaint, you must first obtain the court's permission through a motion for leave to file an amended complaint. This step is crucial because, by the time you're seeking to file a third amendment, the court expects a justified reason for any further changes to the pleadings. In your motion for leave to file an amended complaint, you should detail the reasons for the amendments and why they are necessary for the pursuit of justice in your case.

When preparing your motion to set aside the dismissal, include a reference to your motion for leave to file the amended complaint or attach the proposed amended complaint directly to your motion to set aside. This helps to streamline the court's review process by providing all the necessary information in a consolidated manner. Remember, the court allows one hearing per motion, so it's important to organize your filings to efficiently address all related matters in a single hearing. This strategy enhances the clarity of your legal position and aids in the court's understanding of the relief you're seeking.