Brooklyn, NY asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California

Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the clerk again rejected the filings on another Technical issue (common or not?),, this time the technical issue took 5 days to complete and resubmit.

Once there is no additional technical issues is the filings going to reflect the 16th day to which the filings was first uploaded???

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: A motion to deem filed when first submitted nunc pro tunc may be required or the clerk might just date it to the initial submission date.

Even if it is not deemed filed when first submitted, it is not likely going to be determined late by the Judge.

James L. Arrasmith
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Answered
  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk rejects the filing due to a technical issue, the original submission date is generally not retained if the document is not considered officially filed.

If the document is rejected and subsequently corrected and resubmitted, the new submission date is typically the one that the court considers. This means that if your amended complaint was first submitted on the 16th day but faced rejections and was finally accepted after corrections, the accepted filing date is the date the court will use, not the initial 16th day submission.

However, it's crucial to communicate actively with the court clerk and explain any mitigating circumstances surrounding the delayed filings due to technical issues. In some cases, if the reasons for the delays are adequately explained and reasonable, the court might consider them. Yet, this depends on the discretion of the court and specific circumstances surrounding your case. Always ensure that documents are correct and complete to avoid any delays.

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